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THE 


HISTORY  AND  DEBATES 


(  'ON  Y  UNTION 


I  He  ^eonle  of  |U»bama 

Began  and  held  in  the  City  of  Montgomery,  on  the  seventh 
Day  ol  January.  1861  ; 


;N    WHICH   t8   PRESERVED    Mil.  SPEECHES  OF  THE  SECRET    SESSIONS, 
A.\i>   MANY    \  W.iWHLE  STATE   PAPERS. 

ft/ 

By    WILLIAM   R.    SMITH 

ONE  OF  THE  DELEGATES  FROM  TUSCALOOSA. 


f/ifV^ 


Montgomery:  WIIITK,  PFISTER  &  CO. 

Tl       u.oosa:    D.  WOODRUFF. 

m.am-a    WOOD,  BAJSTLEITER,  KICK  &  CO 

ieoi. 


1 


Printed  for  the  Author,  by 
WOOD,  HANLKITKR,  RICK  A  CO. 


&4    • 


PREFACE. 


I  deem  myself  happy  in  having  attempted  to  collect  the 
materials  for  this  book.  Of  the  Conventions  of  the  people 
that  have  recently  been  held  in  the  seceding  States  on 
the  great  question  of  dissolving  the  Union,  there  does  not 
seem  to  have  been  any  serious  effort  made,  in  any  except 
Alabama,  to  preserve  the  Debates.  It  is,  therefore,  my 
agreeable  fortune,  not  only  to  be  able  to  set  an  example  of 
diligence  to  the  sister  States,  but  to  combine,  in  an  au- 
thentic record  for  future  ages,  both  the  acts  of  the  Patriots 
of  Alabama,  and  the  fervent  words  by  which  they  were  mu- 
tually animated  in  the  discharge  of  their  great  duties. 

The  stirring  times  through  which  we  have  just  passed,  and 
the  startling  events  which  have  distinguished  the  day,  were 
all  calculated  to  excite  the  intellectual  energies  to  the  most 
vigorous  exertion  ;  and  whatever  of  eloquence  or  wisdom 
was  in  the  possession  of  any  citizen,  may  be  fairly  supposed 
to  have  been  called  into  exercise.  The  destinies  of  a  great 
Nation  and  the  Liberties  of  the  people  were  involved  in  the 
issues  ;  and  while  the  Past  was  to  be  measured  by  the  states- 
man's Philosophy,  it  was  as  well  the  duty  of  Wisdom  to  lift 
the  veil  of  the  uncertain  Future.  Here  was  a  field  for  the 
most  sublime  labor ;  and  while  1  will  not  run  the  hazard  of 
raising  the  rxpectation  of  the  reader,  by  allowing  him  to 

h  tin-* 


k  into  this  book  for  those  magnificient  outbursts  of  elo- 
that  dazzle,  bewilder  and  persuade,  yet  I  may  safe* 
■   forensic  treat,  in  a  vast  variety  of  speeches 
which  breathe  tho  genuine  spirit  of  wisdom,  animated  by  the 
livelk  it  touohi  -  of  indignant  patriotism. 
The  reader  may  rely  upon  the  perfect  authenticity  of  the 
of  the  book,  and  upon  the  accuracy  of  the 
•  die  sentiments  uttered  and  the  positions  as- 
MBMd  by  the  speakers  <>n  the  pdintfl  arising  in  debate 4  for 
almost    every   Bpeech  in    the  volume.  <>f  any  considerable 
_-ili  or  importance,  has  been  submitted  td  the  inspection 
or  revision  of  the  speaker  ;  and  where  this  has  been  imprac- 
ticable, and  the  notes  confused  or  uncertain,  the  speeches 
have  been  omitted  entirely,  as  1  have  been  on-willing  to  as* 
•    the  responsibility  of  publishing  a  sentiment  in   the 
name  of  another,  oh  a  great  question;  where  the  smallest 
doubt  existed  as  to  its  accuracy. 

In  the  speeches  reported  from  my  own  notes.  1  have  en- 

I  to  adhere  as  nearly  as  possible  to  the  language  of 

speaker;  but  to  preserve  the  idea  and  sense  has  been  m\ 

imouni  design.      1  have  attempted  hut  little  ornament 

either  in  language  or  metaphor;  so  that  1  have  no  fears  that 

vy  debate]-  Avill  recognise  his  own  speech  as  genuine, 

botfl  in  sentiment  and  language,  although  condensed  and 

ahrid. 

Rome  portions  of  this  volume  will  appear  almost  romantic. 
1  F  the  Eleventh  of  January,  when  the  <  'onvention 

deliberating  oh  the  final  passage  of  the  ( Ordinance  of  Se- 
iion,  were  extremely  touching.    The  MiNmtm  rose  to  the 
htfl    of  moral    sublimity   as  they  surrendered  their  lonp: 
cherished  opinions  for  the  sake  of  unity  at  home.     The  sun- 
der was  graceful   and  unrestrained:  without  humiliation 
on  the  one  hand,  or  dominant  hauteur  on  the  other.     The 
ches  on  this  occasion  were  uttered  in  husky  tones,  and 


PREFACE. 


in  the  midst  of  emotions  that  could  not  be  suppressed,  and 
which,  indeed,  there  was  no  effort  to  disguise.  These  and 
other  scenes  which  appear  in  the  Journal  and  Debates,  will 
show  the  impartial  enquirer,  that  every  member  of  the  Con- 
vention was  deeply  impressed  with  his  responsibility.  Solem- 
nity prevailed  in  every  phase  <>t'  the  proceedings.  In  the 
debates  of  six  weeks,  on  the  most  exciting  topics,  but  few  un- 
kind words  were  uttered.  Forensic  invective,  so  character- 
istic of  legislative  assemblies,  was  lost  in  devotion  to  the 
public  good,  and  scarcely  a  jar  of  personal  bitterness  disturb- 
ed the  harmony  of  the  deliberations. 

While  1  claim  nothing  for  myself,  but  due  credit  lor  the 
diligence  and  labor  which  I  have  employed  in  collecting  and 
combining  these  materials,  yet  I  feel  proud  in  submitting 
this  Book  to  the  Public,  for  1  am  conscious  of  thus  supply- 
ing a  link  in  the  History  of  Ages,  and  a  chapter  in  the  LlFE 
of  Liberty. 


EXPLANATION. 


It  most  be  noticed  thai  th [a  book'  does  not  pretend  to  give  the  entire  debute* 
lithe  Convention.  This  could  hardly  he  expected  in  a  volume  of  this  size. 
«ince  a  single  day's  debate,  if  given  in  fall,  would  lill  lifty — perhaps  an  hun- 
dred pages.  My  object  has  been  to  preserve  the  political  features  at  the  de 
bates:  and  hence  I  have  not  attempted,  as  a  general  rule,  to  give  the  discu>- 
SJOU9  on  the  ordinary  subjects  of  legislation.  Many  of  the  ablest  speeches 
delivered  in  the  Convention  were  upon  the  changes  in  the  Constitution  ol  the 
•State,  not  touching  the  political  necessities  of  the  new  condition  of  thing*. 
These  speeches  must  be  lost,  however  much  they  were  worthy  of  preserve - 
lion. 

The  Appendix  contains  the  Rkpokts  of  the  Commissioners  appointed  l>\ 
Governor  Moore  to  the  slave-holding  States.  These  Reports  are  able  docu  - 
inents.  and  will  explain  themselves.  Whatever  the  object  of  the  appoint- 
ment of  these  Commissioners  may  have  been,  the  documents  themselves  be- 
come historical,  and  must  live  in  the  annals  of  the  Revolution. 


INTRODUCTION-HISTORICAL. 


On  the  '.24th  day  of  February,  18(50,  the  Alabama  Legislature 
adopted  the  following  Joint  Resolutions,  with  great  unanimity — 
there  being  but  two  dissenting  voices: 

Whereas,  anti-slavery  agitation  persistently  continued  in  the 
non-slaveholding  States  of  WIS  Union,  for  more  than  a  third  of  a 
century,  marked  at  every  stage  of  its  progress  by  contempt  for 
the  obligations  of  law  and  the  sanctity  of  compacts,  evincing  a 
deadly  hostility  to  the  rights  and  institutions  of  the  Southern 
people,  and  a  settled  purpose  to  effect  their  overthrow  even  by 
the  subversion  of  the  Constitution,  and  at  the  hazard  of  violence 
and  bloodshed;  and  whereas,  a  sectional  party  calling  itself  Repub- 
lican, committed  alike  by  its  own  acts  and  antecedents,  and  the 
public  avowals  and  secret  machinations  of  its  leaders  to  the  exe- 
cution of  these  atrocious  designs,  has  acquired  the  ascendency  in 
nearly  vxovy  Northern  State,  and  hopes  by  success  in  the  approach- 
ing Presidential  election  to  seize  the  Government  itself;  andwhere- 
as.  to  permit  such  seizure  by  those  whose  unmistakable  aim  is  to 
pervert  its  whole  machinery  to  tin- destruction  of  a  portion  of  its 
members  would  be  an  act  of  suicidal  folly  and  madness,  almost 
without  a  parallel  in  history  ;  and  whereas,  the  General  Assembly 
of  Alabama,  representing  a  people  loyally  devoted  to  the  Union 3  I 
the.  Constitution,  but  scorning  the  Union  which  fanaticism  would 
erect  upon  its  ruins,  deem  it  their  solemn  duty  to  provide  in  ad- 
vance the  means  by  which  they  may  escape  such  peril  and  dishonor, 
and  devise  new  securities  for  perpetuating  the  blessings  of  libertj 
to  themselves  and  their  posterity;   therefore, 

1.  Be  it  rcsolceil.  That  upon  the  happening  of  the  contingency 
•contemplated   in  the  foregding  Preamble,  namely,  the  election    of 


fd  UMQIU     v  s  i>    DUATH    OJ 

i  P  Ivocating  the   principles  and  action  of  the  part)  fir 

N  Stal  j  itself   the  Republican  Party,  it  shall 

•  <lut\  ..)'  the  Governor,  and  be  hi  hereby  required,  forthwith 

•clamation,  calling  upon  the  qualified  voters  of  this 

!>]<•  <m  Monday  not  more  than  forty  days  after  the 

^nation,  ;it  the  several  places  of  voting  in  their 

counties,  to  elecl  delegates  to  a  Convention  of  the  State, 

letennine  and  do  whatever  in   the  opinion  <»r  said 

:i.  the  rights,  interests,  and  honor  of  the  State  of  Ala- 

to  be  done  for  their  protection. 

8    A     l further  resolved^  That  said  Convention  shall  assemble 

at  the  State  Capitol  on  the  a  iday  following  said  electiop. 

3.  Be  it  further  resolved,  Thai  it  shall  bethe  duty  ofthe  Governor 

.n  as  possible  to  issue  writs  of  election  to  the  Sheriffs  of  the 

al  counties,  commanding  them  to  hold  an  election  on  the  said 

signated  bythe  Governor,  as  provided  for  in    these 

.loint  Resolutions,  for  the  choosing  of  as  many  delegates  from  ■ 

said  Convention  as  the  several  counties  shall  be  entitled 
to  members  in  the  House  of  Representatives  of  the  General  Assem 
My;  and  said  election  shall  be  held  at  the  usual  places  of  voting 
in  the  respective  counties,  and  the  polls  shall  be  opened  under  the 
rules  and  regulations  now  governing  the  election  of  members  to  the 
General  Assembly  of  this  State,  and  said  election  shall  be  govern1 
■  •d  in  all  respects  by  the  laws  then  in  existence,  regulating  the  elec- 
tion of  members  to  the  I  louse  of  Representatives  of  the  General 
mbly,  and  the  persons  elected  thereat  as   delegates,  shall    be 
returned  in  like  manner,  and  the  pay,  Imth  mileage  and  per  diem, 
of  the  delegates  to  said  ( !on\  ention,  and  the  several  officers  thereof, 
shall   be  the  same  as  that  fixed  by  law    for  the  members  and  oflB 
t"  said  I  [ouse  of  Repi*  sentatives. 
5.  I'>'  it  further  resolved,  That  copies  of  the  foregoing  Preamble 
and  Resolutions  be  forwarded  by  the  Governor  as  soon  as  possible 
>rs  and  Representatives  in  Congress,  and  to  each   "i 
{  out  Bister  States  of  tin-  South. 


The  following  Resolutions)  adopted  at   the  same  session,  will 

i    further    to    show     the  spirit   that  animated  the  Legfsla 

ture  of  Alabama: 

Joint  Resolutions  of  the  ( ieneraJ  Assembly  of  Alabama  in  response 
to  the  Resolutions  of  South  Carolina, 

Istt  /  '■■"/.  That  the  State  of  Alabama,   fully  concuring 

with  the  State  of  South  Carolina,  in  affirming  the  right  of  any  State 


THE    CONVENTION    01'     ALABAMA.  1  J 

to  secede  from  the  confederacy,  Whenever  in  fieri  own  judgment 
such.  &  step  is  demanded  by  the  lienor,  interests  and  safety  of  be* 
people,  is  not  unmindful  of  the  fact  that  the  assaults  upon  the  in- 
stitution of  slavery,  and  upon  the  rights  and  equality  of  tlie  South- 
ern States,  unceasingly  continued  with  increasing  violence  and  in 
new.  and  more  alarming  forms,  may  constrain  her  to  a  reluctant 
but  early  exercise  of  that  invaluable  righf. 

2d,  Be  it further  resolved,  That  in  the  absence  of  any  prepara- 
tion for  a  systematic  co-operation  of  the  Southern  States,  in  resist- 
ing the  aggressions  of  their  enemies.  Alabama,  acting  for  herself, 
has  solemnly  declaimed  that  under  no  circumstances  will  she  submit. 
to  the  foul  domination  of  a  sectional  Northern  parly,  has  provided 
for  the  call  of  a  Convention  in  the  cventof  the  triumph  of  such  a 
faction  in  the  approaching  Presidential  election,  and  to  maintain 
the  position  thus  deliberately  assumed,  has  appropriated  the  sum 
uf  $200,000  for  the  military  contingencies  which  sucha  course  may 
involve. 

3d,  Be  it  further  rcso/nd.  That  the  State  of  Alabama  having 
-ndeavored  to  prepare  for  the  exigencies  of  the  future,  has  not 
deemed  it  necessary  to  propose  a  .meeting  of  Deputies  from  .the 
slave-holding  States,  but  anxiously  desiring  their  cooperation  in 
a  struggle  which  perils  all  they  hold  most  dear,  hereby  pledges 
herself  to  a  cordial  participation  in  any  and  every  effort,  which  in 
her  judgment  will  protect  the  common  safety,  advance  the  com- 
mon interest,  and  serve  the  common  cause. 

•1th.  Beit  further  resolved,  Thai  should  a  Convention  of  Depu- 
ties from  the  slave-holding  States  assemble  at  any  time  before 
the  meeting  of  the  next  ( ieiieral  Assembly  ,  for  the  purposes  and 
under  ill;'  authority  indicated  b\  the  resolutions  of  the  State  of 
South  Carolina,  the- Governor  of  this  State  be.  and  he  is  hereby 
authorized,  to  appoint  one  deputy  from  each  Congressional  Dis- 
trict, and  two  from  the  State  at  large,  to  represent  the  State  of 
Uabama  in  such  Convention. 


Upon  the  election  of  Mr.  Lincoln  to  the  Presidency,  the  Gov- 
or,  in  pursuance  of  the  foregoing  Resolutions,- called  a  Con- 
vention of  the  People  of  Alabama,  to  meet  in  the  city  of  Mont- 
gomery, on  the  7th  da)  of  January,  1861.  The  following  Cor- 
respondence is  worthj  of  preservation  aa  a  part  of  the  history 
of  the  times  : 


l'J  HI-lMl:\      \M>    MTOJKTM    01 

LETTER  FROM  GKN    MOORB. 

MoVTG  >XI  IT,  Nov.  It,   |S(J0. 

To  liis  Excellency    \  .  B.  M i:  : 

\t  a  meeting  of  citizens  of  a  w  <  ml  counties  of  the  5 
hrH  at  this  place  on  Saturday,  the  10th  inst.,  the  undersigned  were 
in  ted  .1  <  Jommittee  to  confer  with  your  Excellency,  and  asoer 
the  construction  pot  by  you  on  the  Joint  Resolutions  of  our 
last  Legislature,  for  the  call  of  a  Convention  of  the  people  « > t"  the 
Wli.it  is  desired  from  you  are,  your  views  as  to  the  time 
«  h  ii  \  ou  are  authorized  t<>  issue  \  our  Proclamation  fbr  tin-  call  <>f 
that  < '"'i\  ention,  whether  upon  the  election  of  Electors  by  the  peo- 
■  i;il  St;ii«s.  prwhen  those  Electors  cast  their  vote  t'<>r 
President  ;  and  also,  it'  it  be  consistent  with  your  ideas  of  public 
duty,  that  you  would  inform  us  when  that   Proclamation  will  be 
d,  and  upon  what  day  you  will  order  the  election  of  I  delegates 
tn  that  <  lonvention. 

These  are  questions  of  deep  interesl  to  Ihc  people  of  the  State. 
tad  it  is  deemed  of  great  moment  that  your  views  on  those  ques- 
tions should  be  known,  if  you  have  come  to  a  determination  about 
them.  Your  answer,  we  hope,  will  be  given  at  an  early  day.  with 
permission  for  its  publication. 

Very  respectfully, 
J.  A.  Ml. Mi  >RE,  Montgomery  county. 
.1.  I).  PHELAN,  -  - 

E.  W.  PETTUS,  Dallas  county, 
\.  II.  R.  DAWSON,  •• 
J.  B.CLARK,  Greene  county. 
\Y.  I!.  CLARKE,  Marengo coonty. 
I).  W.  B  UNE,  Lowndes  county* 
.1.  F.CLEMENTS,  " 
•i.e.  GILCHRIST,  - 
C.  ROBINSON, 
E.  I  >.  Kl\< ;.  Perrv  county. 
II.  FRAZIER,  Jackson  county. 
W.  L.  ^  ANCEY,  Montgomery  county. 
.1.  EI.  CLAYTON, 
G.  B.  DUVAL, 
T.J.  JUDGE. 
<;.  GOLDTHWAITE.  " 
T.  II.  WATTS, 
S.  F.  KICK. 
T.  LOMAX, 
M.  A.  BALDWIN,      " 


the  convention  of  alahama.  18 

Executive  Department,      ) 
Montgomery,  Nov.  14,  ist>0.  j 

Gentlemen:  I  have  received  your  letter  of  the  12th  inst.,  ask- 
ing for  mv  construction  of  "the  Joint  Resolutions  of  our  last 
Legislature,  for  the  rail  of  the  Convention  of  the  people  of  the 
State."  You  particularly  desire  to  know  when  I  consider  myself 
authorized  to  issue  mv  Proclamation  for  the  call  of  a  Convention 
— "whether  upon  the  election  of  Klectors  by  the  people  of  the 
several  Slates, or  when  said  Electors  Cast  their  votes  lor  President."' 
You  also  ask  me  to  inform  you,  if  consistent  with  my  ideas  of 
public  duty,  "  when  that  Proclamation  will  be  issued,  and  upon 
what  day  yon  [1]  will  order  the  election  for  the  delegates  to  the 
Convention." 

1  fully  agree  with  you,  that  "  these  are  questions  of  deep  interest 
to  the  people  of  the  Slate."  and  having,  after  mature  deliberation, 
determined  upon  my  course  in  regard  to  them,  and  not  considering 
it  inconsistent  with  my  public  duty  to  communicate  that  determi- 
nation to  you,  with  leave  to  publish  it,  1  unhesitatingly  do  so. — 
The  intense  interest  and  feeling  which  pervade  the  public  mind. 
make  it  not  only  proper,  but  my  duty. 

After  stating  a  long  list  of  aggressions  in  the  preamble  to  the 
Joint  Resolutions  referred  to,  the  first  resolution  provides  "that 
upon  the  happening  of  the  contingency  contemplated  in  the  fore- 
going preamble,  viz:  the  election  of  a.  President  advocating  the 
principles  and  action  of  the  party  in  the  Northern  States,  calling 
itself  the  Republican  party,  it  shall  he  the  duty  of  the  Governor, 
and  he  is  hereby  required  forthwith  to  issue  his  proclamation,"  &e. 

The  Constitution  of  the  United  States  points  out  the  mode  of 
electing  a  President,  and  directs  that  "each  State  shall  appoint,  in 
Midi  manner  as  the  Legislature  thereof  may  direct,  a  number  of 
.lectm's,  equal  to  the  whole  number  of  Senators  and  Representa- 
tives to  which  the  State  mav  he  entitled  in  Congress."      See  Art. 

Art.  ]>.  §1,  of  Amendments  to  the  Constitution,  provides  that 
the  Electors  shall  meet  iii  their  respective  States,  ami  vote  bj 
ballot  for  President  and  Vice  President."     Under  these  provisions 

of  the  Constitution,  the  people  of  the  several  States  vole  for  elec- 
tors and  these  electors  VOtefor  President.     It  is  dear  to  mv  mind 

that  a  candidate  for  the  Presidency  cannol  constitutionally  lie  elect- 
ed until  a  majority  <4'  the  electors  have  cast  their  votes  for  him. 

My  Proclamation  will  not,  therefore,  be  issued  until  that  vote  i- 
east  on  the  fifth  day  of  December  next.  I  regret  that  this  delaj 
must  occur,  as  the  circumstances  which  surround  us  make  prompt 
and  decided  action  necessary.      There  can  be  no  doubt  that  a  l*m 


l  au 

,11  be  given  to  Mr.  Lincoln,  and 
h  of  bis  election,  I  have  determined  b 
lion  immediately  after  tl  least,     [shall 

i:li  day  of  1  December  next,  for  the  election 
iventlon.     The  <  invention  will    mi  ■ 
;  ;i  da)  of  January  next. 
f«»r  the  election  of  d<  designated  in  ad- 

\  f  the  P    telamation  in  order  that  the  minds 

may  at  once  be  directed  to  the  subject,  and  that  t  h  ■ 
ral  counties  may  have  ample  tim  I  candidates  to  rep- 

Bach    voter  of  tli  hould  immediately  cou- 

the  importance  of  .the  vote  be  is  to  east.     Constitutional 
1 1  security,  and  the  honor  of  the  State  are  all  involv- 
II'-  must  decide,  on  the  '21th   December,  the  great 
question  of  submission  to  an  Abolition  Administration,  or  ol 
c  from  the  Union.     This   will  be  a  grave  and   moment 

fur  the  decision  of  the  people.     Todecide  it  correctly,  the) 

■an  I  all  the  facts  and  circumstances  of  th  ■ 
them.     It  may  not  be   improper  or  unprofitable  for  me.  to 
a  few  <>!'  them. 
Wii  .  is    Mi-.  Lincoln,  whose  election  is  nou  beyond  question  .' 

-  tin-  head  of  a  great  sectional  party  calling  itself  Republican: 
irty  whose  leading  object  is  the  destruction  of  the  instil uti 

slavery    as  it  exists  in  the  Blaveholding  States.     Their  most  « i N - 
juished  leaders,  in  an. I  cut  of  Congress,  have  publicly   and 
lly    proclaimed  this  to  be  their  intention    and  unalterable  >\<-- 
'determination.     Their  newspapers  are  filled  with  similar  declara- 
tions.    Are  the)  in  earnest  .'     Let  their  past  arts  speak  tin-  them, 
■ne  >if  the  non-slaveholding  States  have  been  for 

-  under  the  control  of  the  Black  Republicans.  A  large  ma- 
jority "f  these  States  haw  nullified  the  fugitive  slave  law.  and 
have  successfully  resisted  its  execution.  They  have  enacted  pe- 
nal statutes,  punishing,  by  line  ami  imprisonment  in  the  peniten- 
tiary, persons  who  may  pursue  ami  arrest  fugitive  slaves  in  sa'nl 
Si  The)  have  by  law.  under  heavy  penalties,  prohibited  any 

•  in  from  aiding  the   owner  to  arrest   his  fugitive  slave,   ami 

have  denied  us  the  use  of  thejr  prisons  to  secure  our  slaves  until 

i    I"-   removed  from  the  State.     They   have  robbed  the 

th  of  slaves  worth  millions  oi'  dollars,  ami  have  rendered  ut- 
terly ineffectual  the  only  law  passed  by  Congress  to  protect  this 
BDecieR  of  property.  They  have  invaded  the  State  of  Virginia,  arm- 
ed her  slaves  with  deadly  weapons,  murdered  her  citizens,  ami 

■  I  the  United  States  Armory  at  Harper's  Kerry.  They  have 
*-  nt  emissaries  into  the  State  of  Texas,  whoburnod  many  towns 


TUB    CONVENTION?    OF    ALABAMA.  15 

ami  furnished  tin*  slaves  with  deadly  poison   for  the  purpose  of 
destroying  their  owners* 

All   these  things  have  been  effected,  either  by  the  unconstitu 
lional  legislation  of  free"  States,  »r  by  combinations  of  individuals. 
These  facts  prove  that  they  are  not  only  in  earnest  and  intent  up- 
"ii    accomplishing    their  wicked   purposes,  but,  have  done  all  that 
local  legislation  and  individual  efforts  could  effect, 

Knowing  that  their  efforts  could  only  he  partially  successful 
without  the  aid  of  the  Federal  Government^  they  for  years  have 
struggled  to' gel  control  of  the  Legislative  and  Executive  Depart- 
nients  thereof.  They  have  now  succeeded,  by  large  majorities,  in 
all  the  non-slaveholding  States  except  New  Jersey,  ami  perhaps 
California' and  Oregon,  in  electing  Mr.  Lincoln,  who  is  pledged 
to  carry  out  the  principles  of  the  party  that  elected  him.  The 
course  of  events-show  clearly  that  this  party  will,  in  a  short  time, 
have  a  majority  in  both  branches  Of  Congress.  It  will  then  he  in 
their  power  to  change  the  complexion  ofthe  Supreme  Court  so  as 
to  make  it  harmonize  with  Congress  and  the  President.  When 
tOAt  party  gel  possession  of  all  the  Departments  of  Government, 
with  the  purse  and  the  sword,  he  must  be  blind  indeed  who  does 
not  see  that  slavery  will  he  abolished  in  the  District  of  Columbia, 
in  the  dock-yards  and  arsenals,  and  wherever  the  Federal  Govern- 
ment has  jurisdiction. 

It  will  be  c\clud"d  from  the  Territories,  and  Other  i\vi'  States 
will  in  hot  haste  be  admitted  into  the  Union,  until  they  have  a 
majority  to  alter  the  Constitution.  Then  slavery  will  be  abolish- 
ed by  law  in  the  States,  and  the  "irrepressible  conflict"  will  ('ml ; 
for  we  are  notified  that  it  shall  never  cease,  until  "the  foot  of  the 
slave  shall  cease  to  tread  the  soil  of  the  United  States."  The  state 
of  society  that  must  exist  in  the  Southern  States,  with  four  mil- 
lions of  free  negroes  and  their  increase,  turned  loose  upon  them, 
1  will  not  discuss — it  is  too  horrible  to  contemplate. 

1  have  only  noticed  such  of  the  acts  of  the  Republican  party 
as  I  deem  necessary  to  show  that  they  are  in  earnest,  and  deter- 
mined toe,iiT\  out  their  publicly  avowed  intentions— and  to  show 
that  their  success  has  been  such  as  should  not  fail  to  create  the 
deepest  concern  for  the  honor  and  safety  of  the  Southern  States. — 
.  in  view  of  the  past  and  our  prospects  for  the  future,  what 
QUght  we  to  do.'  What  do  wisdom  and  prudence  dictate.? — 
\\  hat  do  honor  ami  safety  require  at  our  hand-  { 

I  know  that  the  answer  that  I  shall  give  to  these  questions  may 
subject  me  to  severe  criticism  by  those  who  do  not  view  then 
matters  as  I  do;  but  feeling  conscious  of  the  eorrrectnesfl  of  my 
Conclusions,  and  the  purity  of  my  motives,  I  will  not  shrink  from 


1 1,  ini  -  or 

•..\  which  present*  itself".     Ft  wouM 

iminaJ  "in  those  entrusted   with  Stat.'  sovereignty"  no!  to 

cut  and  warn  the  people  of  the  encroachments  tli.it   h.i\  .■ 

I  an    about  to  l>e  1 1 1 : i >  1  •  ■  upon  them,  with  the  eojise- 

Mllst     folloW. 

I     full  vi.-w.aii'l.  I  trust,  ■  just  appreciation  of  all  my  obliga- 
and  responsibilities,  officially   and  personally,   to   m\    God, 
and  the  federal  Government,  I  solemnly  declare  it  to 
be  my  opinion,  that  theonlj  hope  of  future  security,  for  Alabama 
the  other  Blaveholding  States,  is  secession  from  the  I  nion. — 
[ore  the  necessity  for  coining  to  suefa  a  conclusion.     It   has 
forced  upon  me,  and  those  who  agree  with  mej  b)  a  wicked 
.n:l  perrerse  party,  fatally  bent  upon  Ens' destruction  of  an  insti- 
tution vital  t-»  the  Southern  States — a  party  whose  constitutional 
rights  are  have  never  disturbed,  and  who  should  be  our  friends; 
yet  the)  hate  us  without  a  cause. 

should  Alabama  secede  from  tin  Union,  as  I  think  she  ought; 
l^e  responsibility,  in  the  eyes  of  all  just  men,  will  not  rest  upon 
her,  but  upon  those  who  have  driven  her  in  self-defence,  to  as 

slum    that  position. 

lias  Alabama  the  right  peacefully  to  withdraw  from  the  Union, 
without  subjecting  herself  to  any  rightful  authority  of  the  Feder 
ivernment  to  coerce  her  into  the  I  nion  '.  Of  her  right  to  do 
I0l  I  have  no  doubt.  She  is  a  Sovereign  State,  and  retains  even 
right  and  power  not  delegated  to  the  Federal  Government  in  the 
written  Constitution.  That  Government  baa  no  powers,  except 
sue)  i  ii  are  delegated  in  the  Constitution,  or  such  as  are  necessary 
lo  carry  these  powers  into  execution.  The  Federal  Government 
was  established  for  the  protection,  and  not  for  destruction  or  inju- 
f  Constitutional  rights.  A  Sovereign  State  has  a  right  to 
iudge  of  the  wrongs  or  injuries  that  maj  be  done  her.  and  to  d« 
termini  upon  the  mode  and  measures  of  redress.  The  Black 
Republican  party  has   for  years  continued  to  make  aggressions 

ii|h.ii     the      alaveholding      States,      under      the      firms     of     law. 

and  in  even  manner  that  fanaticism  ooajd  devise,  and  have  now 

■rfned    Strength  and  position,    which    threaten,  not   onl\    the    iles 

•  on  of  the  institution  .,t'  slavery,  but  must  degrade  and  ruin 
die  alaveholding  States,  if  not  resisted.  May  not  these  states 
i, mi  aside  from  the  impending  danger,  without  criminaMtj  I     Ii 

they  have  not  this  right,  then  we  are  the  slaves  Of  our  worst  cur 
inicv.      "The  wise  man    foreseetfa  the  evil  and  turneth  aside."      A 

wise  State  should  not  do  less. 

It'  Alabama  should  withdraw  from  the  Union,  she  would  not 
be  guilty  of  treason,  even  if  a  Sovereign  State  could  commit- 


THE  CONVENTION  OF  ALABAMA.  17 

treason.  The  Constitution  says  :  "  Treason  against  the  United 
States  shall  consist  only  in  levying  Mar  against  them,  or  in  ad- 
hering to  their  enemies,  giving  them  aid  and  comfort."  The  Fed- 
eral Government  has  the  right  to  use  its  military  power  "to  exe- 
cute the  laws  of  the  I  nion,  suitress  insurrections,  and  repel  inva- 
sions." If  a  State  withdraws  from  the  Union,  the  Federal  Gov- 
ernment has  no  power,  under  the  Constitution,  to  use  the  military 
force  against  her,  for  then1  is  no  law  to  enforce  the  submission  of 
a  sovereign  State,  nor  would  such  a  withdrawal  be  either  an  insur- 
rection or  an  invasion.  We  should  remember  that  Alabama 
must  act  and  decide  the  great  question  of  resistance  or  submission, 
for  herself.  No  other  State  has  the  right  or  power  to  decide  for 
her.  She  may.  and  should,  consult  with  the  other  slaveholding 
States  to  secure  concert  of  action,  but  still,  she  must  decide  the 
question  for  herself,  and  cooperate  afterward*. 

The  contemplated  Convention  will  not  be  the  place  for  the  tim- 
id or  the  rash,  h  should  be  composed  of  mo)  of  wisdom  and  ex- 
perience— men  who  have  the  capacity  to  determine  w  hat  the  hon- 
or of  the  State  and  the  security  of  her  people  demand  ;  and 
patriotism  and  moral  courage  sufficient  to  carry  out  the  dictates 
of  their  honest   judgments. 

What  will  the  intelligent  and  patriotic  people  of  Alabama  do 
in  the  impending  crisis?  Judging  of  the  future  by  the  past.  I  be- 
lieve they  will  prove  themselves  equal  to  the  present,  or  any  fu- 
ture emergency,  and  never  will  consent  to  affiliate  with,  or  submit 
to  be  governed  by  a  party  who  entertains  the  most  deadly  hostili- 
ty towards  then)  and  their  institution  Of  slavery".  They  are  loy- 
al and  true  to  the  I  nit  mi,  but  never  will  consent  to  remain  degraded 

members  of  it. 

Ver\  respectfully,  yonrobd^t  serv't, 

A.  B.  MOORE. 

The  following  is  a   copj    of  the   Proclamation   issued  by  the 

Governor  : 

PROCLAMATION. 

Executive  Dkp autmknt.       I 

Mont-., mery.    Ala..    Dec.   C.    ]S{\],      \ 

Wiikki.as.  the  following  Joint  Resolutions  were  passed  at  tin- 
last  session  of  the  General  Assembly  of  the  State  of  Alabama, 
to- wit  : 

[Reciting  the  Resolutions  on  ['age  !*.] 
J.  Moors,  Governor  of  the  State  of  Alabama,  by 
virtue  of  the  power  vested  in  me  by  the  foregoing  resolutions,  and 
% 


)i<  p  l'\  proclaim  and  make  knowu  i<> 
:.  thai   tho  contingency  contemplated   in  sai.l 
I'  l«.  notations  has  happeued  in  the  election  of  Al.ra- 

•ln  to  th<   I '  f  toe  I  nit.  I  Si  I  he  qualt- 

ral  counties  of  the  State  arc,  therefore, 
died  nj»'u  t>«  assemble  at  tho  several  plac*  b  of   voting  in 
i  N  mday,  the  2  ftn  1  >eccnih       :  86N '. 
1  ution  of  the  Si  \  lab  una.  b  i 

ipitol  in  the  city  of  Montgomery,  on  Monday,  the 
; January    next,  to  "consider  determine  and  do  whatev- 
i  Convention,  the  rights,  interests  and  hon- 
\  .il'ama  require  to  be  done  fpr  their  protecti 
In  testimony  whereof,  I  have  hereunto  Bel  my  hand  and  caused 
,  -     ™-|  tli.   <■  uf  the  Stat.-  to  be  affixed  i  i  the  city  of 

J  Montgomery*  this  6th  day  of  December,  \.  D.  I860. 

\.  B.  MOON 
.1.  1 1 .  W  -         •    r\  uf  Stati 


HISTORY  AND  DEBATES  OF  THE  CONVENTION. 


FIRST  DAY. 

<  ).\  the  7th  January,  1861,  the  Convention  assembled  in  the 
city  of:Mon*tgomery,  in  the  Hall  of  the  House  of  Representatives 
<>f  the  state  Capitol.  It  is  a  remarkable  fact,  that,  of  the  one  hun- 
dred Delegates  of  which  the  Convention  was  constituted,  not  one 
was  absent.  This  was  owing,  doubt  less,  to  the  great  anxiety,  on 
the  jiart  ofthe  Delegates,  to  participate  in  the  earliest  proceed- 
ings ;  and  also,  I  apprehend,  to  the  doubt  that  existed,  previous 
to  the  organization,  as  to  whether  the  straight-Secession  part} 
or  the  Cooperation  party  was  in  the  majority.  <>n  the  Sunda} 
night  before  the  Convention  met.  each  parly  seriously  claimed  the. 
ascendancy;  but  before  the  hour  for  prganizing  the  Convention, 
it  was  conceded  that  the  Secession  party  was  the  stronger. 

Great  precaution  had  been  taken  in  advance,  to  secure  an  liar 
nionioiis  organization;  and  for  this  purpose  it  had  been  agreed, 
at  i'ii'st.  that  one  member  of  eaeh  party,  to  be  designated  before 
the  meeting,  should  approach  the  desk,  call  the  Convention  to 
t  and  nominate  a  temporary  President  ;  but  the  Cooperation 
party,  convipced,  by  having  accurately  measured  their  strength, 
th  it  the}  were  in  a  minority,  deemed  it  proper  to  yield  th.8' or- 
ganization of  the  Convention  to  the  majority;  of  which,  facfc  the 
latter  were  duly  a  b 

nof'the  Hon.  il.  c.  Humphries,  the  Hon.   William 
S.  Phillips,  of  1 1 1  las,  »  is  called  to  th  s Chair,  as  temporary  I ' 
I   \.c.  Horn,  of  Mobile,  and  S.  D.  Brewer,  of  M 
gi»rncry,  were  appoi  \  Secret!  i 


ronoai    urn  mm 

Yaxcki    offered    the  following   Resolutions,  which  were 
tnousl)  adopt 

.•    the   proceedings   of  the   Convention   be 
.(1  with  prayer, and  thai  the  Rev.  I>r.  Manly  be  invited  t<» 

;a\  . 

2d.    Tual  the  President   of  the  Convention  be  re- 
•  >  invite  some  Clergyman  t>.  open  the  Convention  with 
praver  each  buco  ssivc  da)  of  the  Bession. 

Convention  was  then  opened  with  prayer  by  Rev.  Basil 
Manly,  formerly  President  of  the  University  of  Alabama. 


Almighty  Father,  Maker  of  Heaven  and  Earth:  Kin)?  eternal, 
immortal,  invisible;  the  onlj  wise  God!  We  adore  Thee,  for 
Thou  art  God,  and  besides  Thee  there  is  none  else;  our  Fathers1 
and  our  God!  We  thank  Thee  that  Thou  boat  made  ua 
//tin.  endowed  with  reason,  conscience  and  speech— capable  of 
knowing,  loving  and  serving  Thee!  We  thank  Thee  for  llij  Son, 
I.  [  Jesus  Christ,  our  only  Mediator  and  Redeemer!  We 
thank  Hiee  for  Thy  word  of  truth,  our  guide  to  eternal  life.  We 
thank  Thee  for  civil  government,  ruling  in  Thy  tear:  and  wv 
iall\  thank  Tbee  that  Thou  didst  reserve  this  fair  portion  of 
the  earth  so  long  undiscovered,  unpolluted  with  the  wars  and  the 
crimes  of  the  old  world — that  TTiou  mightesl  here  establish  a  free 
government  and  a  pure  religion.  We  thank  Thee  that  Thou  hast 
allotted  ua  our  heritage  her.',  and  nasi  brought  us  upon  it  at  such 
a  time  as  this.  We  thank  Thee  for  all  the  hallowed  memories 
connected  with  the  establishment  of  the  independence  of  the  <  lolo- 
nles,  and  their  sovereignty  as  States,  and  with  the  formation  and 
maintenance  of  our  government,  which  we  had  devoutly  hoped 
might  last,  unpen erted  and  incorruptible,  as  long  as  the  sun  and 

moon   endure. 

Oh,  our  Father!  we  have  striven  as  an  integral   part   of  this 

■   R  public,  faithful  I  j    to  keep  our  solemn  covenants  in  the 

Constitution  of  our  country  ;  and  our  conscience  doth  not  accuse 

if  having  failed  to  sustain  our  part  in  the  ch  il  compact.      Lord 

nf  a^l  the  families  of  the  earth !  wt  appeal  to Tiikk  to  protect   us 

in  the  land  Thou  bast  given  us,  the  Institutions  Thou  has]  estab- 

I.  the  rights  Thou  hast  bestowed!     And  now,  in  ouf  troubles, 

tting  us  like  great   waters  round  about,  w«,  Thy  dependent 

children,  humbl)   entreat  Thy  fatherl;,    notice  and  care.      Grant  to 

Th\  servants  now  assembled,  as  the  direct  representatives  of  the 
people  of  this  State,  all  needful  grace  and  wisdom  for  their  pecu- 
liar and  great   responsibilities  at  this  momentous  crisis;    Give 


THE    CONVENTION    OF    ALABAMA.  21 

them  a  clear  perception  of  their  duties,  as  the  embodiment  of  the 
people;  impart  to  them  an  enlightened,  mature  and  sanctified 
judgment  in  forming  every  conclusion;  a  steady,  Heaven-directed 
purpose  and  will  in  attaining  every  right  end!  Save  them  from 
the  disturbing  influences  of  error,  of  passion,  prejudice  and  timidi- 
ty— from  divided  and  conflicting  counsels;  cave  them  one  mind 
and  one  way.  and  let  that  be  the  mind  of  Christ!  If  Thou 
seest  them  ready  to  go  wrong,  interpose  Thy  heavenly  guidance 

and  restraint  ;  if  slow  and  reluetant  to  execute  what  duty  and  safe- 
ty require,  quicken  and  urge  them  forward!  Let  patient  enqui- 
ry and  candor  pervade  every  discussion:  let  calm,  comprehensive 
and  sober  wisdom  shape  every  measure,  and  direct  every  vote; 
let  all  things  be  done  in  Thy  fear,  and  with  a  just  regard  to  their 
whole  duty  toward  God  and  toward  man!  Preserve  them  all  in 
health,  in  purity,  in  peace;  and  cause  that  their  session  may  pro- 
mote the  maintenance  of  equal  rights,  of  civil  freedom  ami  good 
government';  may  promote  the  Welfare  of  man.  and  the  glory  of 
Thy  name!     We  ask  all  through  Jesus  Christ,  our  Lord:  Amen! 

The  Convention   consisted  of  one   hundred    Delegates,    each   of 
whom  being  present,  approached  the  Clerk's  desk,  as  his  county 
was  called,  and  enrolled  his  name. 

\  LMES  OF  THE  DELEGATES  AS  ENROLLED. 
From  the  county  of 

.  [utauga — George  Rives. 

Barbour — John  Cochran,  AJpheus  Baker,  J.  S.  M.  Daniel. 

Baldwin — .los.  Silver. 

Bibb — lames  \V.  Crawford. 

Bloun /—.John  S.  Brasher,  W,  M.  Edwards. 

Butler — Samuel  J.  Boiling,  John  Mcl'herson. 

Calhoun— Daniel  T.  Ryan.  John  M.  Crook,  G.  ('.  Whatley. 

Chamber* — J.  V.  Dowdell,  Wm.  II.  Barnes. 

<'h<T<>kre — lieiirv  C.  Sanford,  Wm.  L.  Whitlock,  John  Potter 

John   P.   Kails. 

Choctaw — s.  !•',   Catterlin.  A.  J.  Curtis. 
Claris— O.  s.  .Icwett. 

< '•.  T.  Yelwrton. 
Conechu — John  <  rreen. 

v — George  Taylor,  John  H.  Leonard.  Albert  Crumpler, 
Covin p ton — Dewitl  C.  Davis. 
OaUai — lohn  T.  Morgan,  Wm.  S.  Phillips. 
Ihilr — 1 ).  B.  Creech,  James  NfcKinnie. 
DeXalt — Wttt.  0.  Winston.  John  Franklin. 


INH     PKHATE" 

!;.  \\  .  W  ilson,  E.  P.  J 

.    -        ,  H   8.  W  .-kin>. 
'    \\  ebb,  Thos.  1 1.  I  [erndon. 
0  i         ta  T.  Smith. 

1     fey,  Wm.  A.  Hodd,  John  I '.  Timberlake. 
\\        S,  I   truest. 

S.  I  I    |  .     I  .1.  ,|,,-s. 

I ».  P.  I  .•  -.  is,  Jai        S    I    srke. 
i.  P.  i  J.  Mc<      I  Ian. 

S-.  W illiai         -  -1       <  •.  <  rilchriat. 
uel  I  [end  rs    i,  O,  R,  Blue,  •' .  M.  I  "o 
Mich  ■•■.  « llemens. 

\.  <  .  Beard,  James  L.  Sheffield 
W.  I ..  <  llarke. 
jiarion  —  Lang.  C.  Allen,  W  .  Stead  bam. 

John    Bra  '  urn,    K.   S.    I ).m'_mh. 

II.  <  J.  I  [umphries. 

-Lyman  <  libbohe. 

Win.  I.,  Yancey,  Thos.  If.  Watts. 
-Jonathan  Ford. 
Wm.  M    Brookaj  J.  F.  Baily. 
I.'  w  is  M.  8t<  'ii ■■.  W.  II.  I  >avis. 

ke,  Jeremiah  A.  Henderson,    v.  \\  Love 
'olph  —  II.  M.  <  !;i\ .  ( i^T.-r  Forrester,  B.  3,  Wood. 
fi         '     i:.  0.  Howard,  B.  II.  Baker. 

.  I>.  Shortridge,  J.  M.  McClanahan. 
Iiu  Wr.  Ii./,r. 
A  .    \  .  <  '  ■!  ii 
Talla  V    D.  Johnson,  A..  K.  Barclay,  M.  G.  Slaughter. 

\.  Kimball,  M.  J.  Bulger,  T.J.  Russell. 
R  ■'  I '■..  W .  I'.  Smith. 

R 

I  (  ! .  I  [awkins. 

W  I  .  !;   Beck. 

\ 

As  i!..    Delegates  froin  the  count)  of  Montgomery,  Hon.  Wm. 
L.  Yancej  and  Hon.  T.  II.  Watts,  approached  the  desk  (..enroll 
their  names,  there  were  some  demonstrations  of  applause  in  the 
whereupon   Mr.  Morgan  offered  the  following  Resolu- 
tion: 

tlio  members  <>f  this  Convention  will  abstain  from  ap- 
plause on  ;ill  occasions;  and  that  all  demonstrations  ef  applause 
in  the  gallcrii  -  or  lobby  slmll  be  strictly  prohibited. 


THE  CONVENTION  OF  ALABAMA.  .-> 

Mk.  Morgan  said : 

Mr.  President — I  sympathise  fully  with  the  sentiment  that  im- 
pels the  Delegates  on  this  floor-,  and  the  people  in  the  galleries, 
to  indulge  in  demonstrations  of  applause,  but  1  deprecate  the  af 
feet  of  this  excitement  upon  our  deliberations.  I  have  respect  fov 
the  occasion,  and  I  feel  assured  that  the  besl  way  to  evince  m\ 
feeling  is  by  a  dignified  and  respectful  course  of  discussion  and 
deliberation,  I  have  respect  for  the  Convention  and  desire  to  Sec 
it  respected  by  others,  u  every  speaker  on  this  floor  is  to  be 
openly  and  loudly  applauded  or  condemned,  as  his  opinions  may 
meet  with  popular  favor  or  rebuke,  we  shall  have  much  to  regret 
before  we  close  our  labors  here. 

i  take  this  early   opportunity    to  offer  a  resolution  on  tins  sub- 
ject, and  to  strike  at  the  evil  when  it  first  begins  to  display  itself 
in  a  compliment  to  our  most  distinguished  friends,  who  have  just 
enrolled  their  names. 

The  Convention  then  proceeded  to  the  election  of  a  permanent 
President.  Mr.  Beck  nominated  Wm.  M.  Brooks,  of  Perry  ; — 
Mr.  Davis,  of  Madison,  nominated  Robert  demison.  dr..  of  Tus 
-aloosa. 

In  Casting  up  the  vote,  it  appeared  that  Mr.  Brooks  had  receiv- 
ed •").';  votes;  Mr.  Jemison,  45.  This  was  the  entire  vote,  and  was 
I  list  of  the  relative  strength  of  parties — there  being,  including 
Mr.  Brooks,  fifty-four  who  favored  immediate  secession,  and  forty- 
six,  including  Mr.  Jemison,  who  were  in  favor  of  consulting  and 
cooperating  with  tin   other  slave-holding  States. 

Mr.  Brooks  was  declared  duly  elected:  and  Messrs.  Bragg 
Winston  and  Humphries  were  appointed  to  wait  upon  him,  1m 
whom  he  was  conducted  to  the  Chair.  Redelivered  an  appropri 
ate  address,  and  assumed  the  duties  of  his  office. 

Wm.  11.  Fowler,  of  Tuscaloosa,  was  elected  Secretary  ;  Frank. 
L.  Smith,  of  Montgomery,  was  elected  assistant  Secretary  ;  and 
Robert  II.  Wynn  was  elected  Door-keeper. 

The  President  laid    before   the   Convention   the   credentials*  of 

*  Credentials  of  the  Commissioner  from  South  Carolina. 

Till';  STATT;  01  BOUTB  Carolina  : 

Wiikrf.as.  Andrew  1'.  Calhoun  lias  been  duly  elected  by  a  vote  of  the  Con- 
Tention  of  the  people  of  the  State  of  South  Carolina,  to  act  a*a  Commissioner 


the  il        ladrew   P.  Calhoun,  as  a  Commissioner  from  the  Stat* 
lina.     On  motion  of  Mr.  Yancey,  ii  \\a- 

That  n  Committee  >>r  three  be  appointed  to  wail  u|>- 
«ni  1 1  j •  -  Hon.  Andrew  P.  Celhoan,  Commissioner  from  the  State 
r  8outh  t        lina,  and  request  him  to  address  the  Convention  at 
he  iii.iv  designate,  and  that  he  be  invited  t<i  (aki 
.v  [thin  the  bar  of  the  <  invention. 

..  Webb  and  Davis,  of  Madison,  were  appointed. 

<  >n  motion  bj   M  .  it  «  ai 

That  th  ■  Governor  of  the  State  be  requested  to  ootri- 
municate  t<>  tliis  Convention  any  information  he  may  have  respect- 
ing the  condition  of  the  country . 


IH   riOM    hi     RBSISf  \\t:i.. 

I       first  debate  in  the  Convention   arose   upon  the  following 
ii  ions,  offered  bj  Ma.  vVbaxlby: 

\\  in. i.i  is,  the  only  bond  of  union  between  the  several  States 
is  the  Constitution  of  the  United  States  ;  and  Whisk  \s.  that  i  Son- 
stitution  has  been  violated,  both  by  the  Government  of  the  I  cited 
id  bj  a  majority  of  the  Northern  States,  in  their  separate 
legislative  action,  denying  to  the  people  of  the  Southern  States 
their  ( '.institutional  righto  : 

Ami  Win  :.>■.-.  ,i  sectional  party,  known  as  the  Black  Repub- 
lican Party,  has.  in  the  recent  election,  elected  rYbraham  Lincoln 
to  the  oihee  of  President,  and  Hannibal  Eiamlin  to  the  office  ol 
Vic  President  <>t  these  I  nited  States,  upon  the  avowed  principle 
thai  the  Constitution  of  the  United  States  does  not  recognise  prop- 


lothe  <  i.iivi- iii  .ii  i he  people  of  l he  State  of  Alabama,  and  toe  >.ml  people 

«i   t lit-   Stat*  <>i  Boiuh  Carolina,  lit-  ordered  the  Governor  ol  aa  il   Si  ie  La 

"tiiiiMiPS'iini  I  he  aaid  Andrew  I'.  Calhoun.     Now,  thart/bn,  I  do  hereby  com- 

■  1. 1 > ~ i< >■■  \ ■mi.  i lie  —«t ■  < I  Andrew  I'.  Calhoun,  to  ad  a*  •<  Commissioner  Irom  iIk 

.   <■!  Sum  ii  Cur.  limn,  in  Convention  assembled,  n>  the  State  ot"  Alabama, 

invention  assembled,  i.i  coaler  upon  the    subjects  soirualed    to   your 

il  -  Bxcelleni'jr.  Francis  W.  Pickens,  Governor  and  Commander- 
-  .ii.  I  State   lies  iir-i  day  ..i    Jauuar) .  in  llie  year  ol  Otlf  i  i>i«l-  One 
ThoiiMiid  Ei|fhl  Hundred  and  Sixty-one,  and  lue  Ki^liiy-lil'ili  year  ot  the  tiov- 
i\  ami  I  iiuepeudeiu-e  >ii  the  Slate  of  South  <  Sarolina. 
"i  -late.]  JAMBS  A.  IX  II  A>. 

Deputy  Secretary  Stab 


THE  CONVENTION  OF  ALABAMA.  *25 

criii  in  slaves,  and  that  the  Government  should  prevent  its  exten- 
sion into  the  common  Territories  of  the  United  States,  and  that 
the  power  of  the  Government  should  be  so  exercised  that  slavery, 
in  time,  should  be  exterminated: 

Therefore,  be  it  Resolved,  by  the  people  of  Alabama,  in  .solemn 
Convention  assembled,  That  these  acts  and  designs  constitute  such 
a  violation  of  the  compact,  between  the  several  States,  as  absolves 
the  people  of  Alabama  from  all  obligation  to  continue  to  support 
i  Government  of  the  United  States,  to  he  administered  upon  such 
principles,  and  that  the  people  of  Alabama  will  not  submit  to  be 
parties  to  the  inauguration  and  administration  of  Abraham  Lin- 
coln as  President,  and  Hannibal  Hamlin  as  Vice  President  of  the 
United  States  of  America. 

<  >n  submitting  the  Resolutions,  Mr.  Whatlbt  said: 

Mr,  President— \  offer  these  Resolutions  for  the  purpose,  in  the 

outset,  to  ascertain  the  sense  of  this  body  upon  the  question  ol 
Submission  or  resistance  to  Lincoln's  Administration.  It  is  known 
that  there  are  different  opinions  entertained  by  members  of  this 
I  '(invention  ;  many  have  been  elected  as  straight-out  secessionists, 
iiheis  as  eoopera.tionists,  and  among  the  cooperationists  there 
is  a  diversity  of  opinion.  Some  are  for  cooperating  with  the 
entire  South,  others  for  a  cooperation  with  the  Cotton  States,  and 
likely  some  are  willing  to  cooperate  with  a  majority  of  the  Cot- 
ton States.  It  is  said,  there  are  some  in  this  body  who  arc  for 
absolute  submission;  I  trust  though,  these  suspicions  are  not  true, 
•ind  that  we  shall  present  an  undivided  front,  in  antagonism  to  the 
Black  Republican  administration.  In  the  language  of  the  -Joint 
Resolutions,  of  the  last  session  of  our  Legislature,  let  us  assert 
that,  "Alabama,  acting  for  herself,  has  solemnly  declared  that, 
under  no  circumstances  will  she  submit  to  the  foul  domination  of 
a  sectional  Northern  party."'  1  desire,  therefore,  to  ascertain,  defi- 
nitely, the  sense  of  this  body  upon  the  question  of  submission  or 
resistance.  It'  We  shall  determine  for  resistance,  as  no  doubt  ire 
will,  then  the  next  Step  will  be,  what  kind  of  resistance  shall  we 
offer  .' 

Mi;.  Smith,  of  Tuscaloosa: 

Mr.  President — 1  do  not  object,  so  much  to  the  resolutions 
themselves,  as  to  the  reasons  assigned   by   the  gentleman,  [Mi'. 
What  Icy.]  for  their  introduction.      It   is  proclaimed  that  this  is  in- 
tended as  a  test  ;   the  test  as  to  submission  '     The  intimation  is  un- 
ions.    It  is  inconsistent  with  the  desires  of  harmony  and  con- 
3 


TORY    AND    DEBATES    01 

ssed  li'iv  by  all  parlies.     U 

if  our  deliberations.     It  is  true,  that  h 

■  1  b)    the  electrons  which  have  had 

I  am  of  that   minority  :  bul  I 

with  submis8ionists !   There  is  not  one  in  ■ 

orn  the  prospective  Black  Republican  rule  as  tnuch 

is  t!i  from   Calhoun.  [Mr.    Whatlov.l   or   any   rtf  his 

the  gentleman'a  sp.  ech,  besides  the  undisguised  ex 
ion,  the  appearance  of  a  desire  to  stir  up  i 

harmonize    friends.     If  this  is  thi 
harmonj  you  preach  and  practice,  you  will   have  nothing  in  this 
ii  bul  the  most   unpleasant  scenes  of  stubborn,  sullen. 
unyielding  antagonism.     All  good  men  should  deprecate  that, 
ading  sentiments  of  die  resolutions  I  endorse.     I  am  per- 
fectly willing  a  determination  to  resist  a  Black  Repub- 
■. illustration  j   but  I  may   not  (ho  for  this  long 
itring                             !'■      nt  a  naked  question  of  resistance  to 
.  publican  rule,  and  you  will  doubtless  receive  a   unani- 
mous vote  in  favbr  of  it.     But  do  not  so  interlard  it  wit! 
dit'ns  and  political  abstractions  that  we  shall  be  forced  to  reject 

good  on  account  Of  it<   too   close  association  with  the  evil.      I 

object  particularly  to  make  an  intimation  tli.it   1  would  oppose  h\ 

the  inauguration  of  Lincoln.     1  would  not  have  anything  to 

do  with  that  in  any  way.     I  deprecate  the  idea  of  intimating  to 

die  people,  even  remotely,  that  the  lawsOUghl  not  to  lie  respected. 

If  gentlemen  arc  earnest  in  their  wishes  to  procure  here,  and  at 

this  time,  an  emphatic  expression  of  resistance,    I  have  no  doubt 

die  res.  .1  ul  ions  can  he  so  a nieiii led  as  In  meet  1  he  cordial  sup 
port,  of  all  of  us. 

I  am  not.  willing  to  say.  as  docs  this  resolution,   that   the   sepu 

action  of  an  j  State  has  absolved  Alabama  from  all  obliga- 
tion to  continue  to  support  the  Government;  of  the  United  Slates 
\  State  nfca}  violate  the  Constitution  and  still  the  General  Got 
ut  may  not  he  at  fault. 
Let  the  resolutions  he  amended— stripped  of  their  verbiage,  so 
present  the  single  question  of  resistance,  placed  in  its  true 
position,  and  I  will  support  them. 

Mi;.  Pose's  said : 

Ik   opposed   the   resolutions,  because  the  6rsl   recital  in  th© 

tmble  places  resistance  to  Mr.  Lincoln's  Administration  upon 
-    ot    the    Federal   Government,   as  well    as  those  ok 


THE  CONVENTION  OF  ALABAMA.  27 

the  Northern  States.  The  last  charge  is  true;  the  first  is  not 
true.  There  have  heen  no  agressions  oil  the  part  of  the  Federal 
Government ;  there  has  been  an  omission,  it  may  be,  in  some 
instances,  to  execute  the  Fugitive  Slave  law.  which  we  well  know 
proceeded  from  the  hatred  of  Northern  Abolitionists  to  thai  law. 
The  aggressions  of  which  we  have  just  cause  to  complain,  have 
been  made  \,y  the  people  in  some  of  the  Northern  States,  and  by 
the  Personal  Liberty  Bills  of  thirteen  of  these  States.  They  have 
violated  the  Constitution  ol'  the  I  uiied  States,  in  these  unconsti- 
tutional enactments. 

Mr.  Posey  admitted  the  South  could  not  submit  to  the  princi 
pies  presented  in  the  Chicago  Platform.  Resistance  to  the  issues 
made  up  in  that  1'lalform  was  forced  upon  the  people  of  this 
State.  Th,>\  had  no  other  alternative  placed  before  them  in  the 
Chicago  Creed,  hut  exclusion  from  the  Territories  of  the  United 
States,  with  the  ultimate  extinction  of  slavery  as  the  consequence 
of  such  exclusion  and  injustice,  or  resistance  to  any  administration 
of  the  Government  upon  such  principles. 

These    resolutions  indicate,  clearly,  one  mode  of  resistance  011I3  . 
This  is  not  expressed,  hut  the  fair  construction  is,  that  separate 
State  secession  is  the  kind  of  resistance    pledged    by  these  resolu- 
tions:  when  it  is  well  known  that  the  cooperationists  in  this  Con 
vention  have  declared  their  opposition  to  the  principles  of  th< 
Black  Republican  party,  and  their  determination  to  resist  a  Go> 
eminent  administered  upon  their   policj  :    hut  their  plan  of  resist 
ance  is  no1  by  separate  State  action.     We  intend  to  resist.     It  is 
not  our  purpose  to  submit  to  the  doctrines  asserted  at  Chicago; 
but  our  resistance  is  based  upon  consultation,  and  in   unity  of  ac- 
tion, with  the  other  slave  States 

If  we  V'OtC  i'"V  these  resolutions,  in  their  present  shape,  we  shall 
have  committed  ourselves  to  separate  State  action,  to  which  the 
eooperationists  in  this  bodj  stand  opposed,  for  the  reason,  w 
greatly  prefer  another  mode  of'  resistance,  considered  by  us  to  he 
safer  for  the  country,  and  not  less  effectual  in  assertingand  main- 
taining all  our  just  rights. 

M  1:.  '1  akcky  said  : 

Mr.  President—]  favor  the  passage  of  these  resolutions.  Thai 
they  are  a  test — ascertaining  whether  there  are  any  submission- 
ists  or  not  in  this  body,  is  no  objection  to  them  in  m\  mind.  It 
is  said  bhey  are  offensive  because  it  is  a  test.  They  ought  not  to 
be  offensive,  in  my  opinion,  to  any  Delegate  who  is  no1  in  favor 
of  submitting  to  Lincoln's  Administration.     That  there  are  such 


H 

.  I  am  unwilling  to  believe,  and  I  desire  iliat  the  world  shall 
know  there  ire  none  such,  if  such  is  the  foci  :  while  at  the  same 
time,  if  there  are  any,  1  desire  to  know  it.  and  the  Convention 
should  know  it. 

!•  Mid  that  this  resolution  will  create  discord  atnongsl 

<!<.—  iliatory.      It  can  only  justly  be  so  considered 

by  those  opposed  to  all  resistance  to  the  Black   Republican  pow- 
er.    I.  tor  one.  have  no  desire  to  conciliate  j     -        occupying 
position.     I   wish  here,  end  elsewhere,  to  antagonise  them. 
Thi-   resolutions  arc  designed,  in  m\   apprehension,  to  lay  a 
-  for  our  future  action.     It*  we  arc.  as  I  hope  we  BhalJ  be,  uni- 
ted in  favor  of  these  resolution-,  there  can  be  but  little  difficulty 
in  our  taking  some  action,  which  will  be  agreeable  to  us  all.     It'. 
however,  there  shall  lie  any  here  opposed   to  these  resolutions, 

U  not  lia\  >•  united  action. 

It  will  be  observed,  thai  the  resolutions  are  carefully  worded 
and  framed.  The)  do  not  designate  the  mode  of  resistance. — 
j  offend  no  man's  opinion  upon  the  question  of  -  (cession  or 
lotion.  The)  de  net  discriminate  in  favor  of  separate,  or  of 
cooperative  State  action.  They  simply  discriminate  between 
those  who  are  willing  to  continue  the  I  nion  upon  the  principles 
of  the  Black  Republican  party,  and  those  who  are  willing  to  resist 
them,  and  to  diss. .he  the-  Union  rather  than  see  the  Government 
administered  upon  those  principles. 

W  ith  all  who  can  vote  for  tlusc  resolutions,   I    can    confer,  and 

hope  to  come  to  a  common  conclusion.     With  those  who  shall 

against  them.  I  have  neither  feeling  or  principle  In  common-. 

\!  i..  <  i  km!  s  -  said : 

'/     I  -I  object  to  this  resolution,  not  s<»  much  on  ac- 

count of  its   terms,  as  on  account  of  the   avowed    motives    which 

prompted  its  introduction.     The  gentleman  fr Calhoun  tells  us 

thai  he  desires  to  ascertain  whether  there  is  any  one  here  who  is 
willing  to  submit  to  a  Black  Republican  Administration,  and  he 
proposes  this  resolution  as  a  test.  Mow,  sir.  the  proposition  to 
make  |  test  on  such  a  subject,  necessarily  implies  suspicion,  and 
suspicion  is  always  mor ■  less  offensive.  If.  therefore,  the  gen- 
tleman is  a  correct  exponent  of  the  wishes  and  feelings  of  the  ma- 
jority— if  thai  is  the  temper  in  which  we  of  the  minority  arc  to 
be  met,  I  give  them  warning  that  our  session  is  likely  to  be  u 
stormy  on.'.  We  may  be  persuaded  to  go  a  longways.  We 
■cannot  be  driven  an  inch  in  any  direction,  and  the  attempt  to  do 
it  will  not  only  result  in  failure,  nut  must  produce  a  state  of  things 
whose  consequences  I  will  not  picture. 


THE    CONVENTION    OF    AtAvBAM-A.  99 

I  came  here,  Mr.  President,  rightly  appreciating,  as  I  think,  the 
difficulties  before  us,  and  prepared  to  do  all  that  ought  to  be  dome 
t<>  promote  harmony  among  our  own  people.  H  see  very  plainly 
that  a  time  is  coming  when  our  very  existence  as  am  independenti 
people  will  materially  depend  upon  a  cordial  union  among  our- 
selves.  I  am  no  believer  in  peaceable  secession.  I  know  it  to  1r> 
impossible.  No  liquid  but  blood  has  ever  filled  the  baptiisma' 
fount  of  nations.  The  rule  is  without  an  exception,  and  he  has. 
read  the  book  of  human  nature  to  little  purpose  who  expects  to 
see  a  nation  born  except  in  convulsions,  or  christened  at  any  alter 
but  that  of  the  God  of  battles.  So  thinking,  and  so  believing,  I 
have  felt  that  it  was  the  duty  of  a  patriot  to  conciliate — not  to  in- 
fluence ;  to  keep  constantly  before  his  eyes  the  one  great  duty  of 
reconciling  conflicting  opinions,  and  smoothing  away  existing  as- 
perities. Such,  I  am  sure,  is  the  general  feeling  of  my  party 
friends.  But  we  arc  men,  with  all  the  frailties  of  men,  and  the 
avowal  of  insulting  suspicions — the  introduction  of  test  resolutions, 
and  similar  aggravating  annoyances,  will  be  certain  to  end  in 
scenes  alike  discreditable  to  this  body,  and  injurious  to  the  best 
interests  of  the  State. 

I  do  not  acknowledge  that  the  gentleman  from  Calhoun  is  pre- 
pared to  go  any  farther  than  I  am,  in  resistance  to  Black  Repub- 
lican domination.  There  is  no  danger  to  be  incurred  in  such  a 
cause,  so  great  that  1  will  shrink  from  sharing  it  with  him.  There 
is  no  extremity  of  resistance  he  can  propose,  in  which  1  will  not 
join  him,  provided  it  promises  to  be  effectual  :  but  I  do  not  con- 
cede his  right,  or  the  right  of  any  man,  to  make  a  test  for  me. — 
No  man  shall  make  it ;  and  if  his  purpose  be  to  ascertain  the  real 
sense  of  this  Convention,  upon  the  subject-matter  of  his  resolution. 
1  tell  him  that  he  has  adopted  the  wrong  course,  and  his  effort  will 
end  in  failure.  For  one.  1  shall  take  the  responsibility  of  voting 
NO.  My  belief  is,  that  there  are  forty-five  others  who  will  do  the 
same  thing,  and  what  then  becomes  of  his  tostt  lie  would  be 
very  unwilling.  1  imagine,  to  let  the  impression  go  abroad  that 
(here  are  forty-six  members  of  this  Convention  in  favor  of  sub- 
mitting to  the  rule  of  a  Black  Republican  President,  elected  up- 
on a  Black  Republican  platform:  and  yet.  sir.  I  see  nothing- 
more  that  he  is  likely  to  accomplish. 

I  shall  make  no  proposition  to  amend.  1  shall  not  seek  to 
evade  a  direct  vote  by  any  parliamentary  expedient.  I  am  read  J 
to  record  my  name  upon  the  resolution  as  it  stands.  I  shall  vote 
\m.  and  Leave  the  consequences  to  take  care  of  themselves. 

Mi:.  W'iiii  wisox  said  : 

The  resolutions  under  consideration  are   eliciting   more  d)SCU8 


ill-  : 

i    than    I  sinct'  all,  so  far  as  1  am  informed,  arc 

t,  and  will  not.  siiliinil   to  the  Admin- 

n  and  Hamlin.     The  resolutions  affirm  nothing 

j  here  who  think  otherwise,  lei  thorn  come 

men  and  This  would  make  an  issue,  and  relieve 

task  <  to  parliamentary 

I  »r  the  purpose  of  escaping  discussion,  and  avoiding 

.«  'I  on  tin-  main  question.     When  I  lirsl  heard  the 

Unions  read  from  the  Secretary's  desk,   I   flattered   myself  they 

ild   be  unanimously  adopted  without  debate*     I  Mid   Batter 

■-•li'that  the  objections  are  to  the  ■  and  nol  totheques 

[f  so,  1  hope  gent  lei i  will  .-.•  tl  out  the 

ds.     It'  opposed  to  tin-  resolutions,  let  them  state  thd 

-  of  their  objections,  and  oflfer  amendments  indicating  the 

I    deem    it    important    to  adopt   the  resoluti6ns 

[uently  am  prepared  to  accommodate  gentlemen 

voting  for  any  amendment  not  incompatible  with  the  meaning 

spirit  of  the  resolutions,  as  they  now  stand. 

Mi:.    \V  HAT!  B1    Said  : 

Mr.  President — Gentlemen  of  this  body  have  misapprehended 
my  object  in  offering  the  resolutions  at  this  early  day  of  our  s.-- 
siou.  'I  In'  resolutions  are  not  offered  to  throw  a  fire-brand  into 
the  deliberations  of'  this  body.  I  imagine,  gentlemen  representing 
the  sovereign  people  of  Alabama,  are  ready,  even  now,  to  tale-  po- 
sition upon  this  subject.  We  art'  misrepresented  at  h 
aoeoad.  We  are  represented  North  as  submissiunists.  Even  in 
this  city,  different  public  prints  represent  us  indifferent  ways,  and 
particularly  in  the  Northern  portion  ofour  own  State  are  our  po- 
sitions n.  I  desire,  sir,  that  these  misrepresenta- 
tions may  be  speedily  corrected,  and  that  even  during  /.'<>■■<  day 
the  telegraphic  wires  may  transmil  the  glad  intelligence  abroad, 
that  Al.d.ama  will  never  submit  to  a  Black   Republican  Adm'mis- 

'  "ii. 

Liscussion  was  continued,  with  much  animation,  a  consid- 
erable time,  and  the  resolution  was  bo  amended  as  to  satisfy  all 

parties,  and  was  passed  unanimously,  in  the  following  shape  : 

_  ^  R  I3j  ih"  people  of  Alalia  ma.  in  Convention  asseml 

1  hat  the  State  of  Alabama  cannot,  and  will  not.  submit  to  the 
linistration  of  Lincoln  and   Hamlin  as  Presidenl    and    \  i  ■  ■ 
ident  of  the  United  States,  upon  'he  principles  referred  to  in 
the  preamble. 


HIE    t'ONVKNTION    OF    ALABAMA.  31 

SECOND    DAY. 

January  8th. — Mr.  Yancey,  from  the  Committee  to  wait  on  the 
Hon;  Andrew  I1.  Calhoun,  Commissioner  from  South  Carolina, 
reported  thai  th  ■  C  immittec  had  performed  that  duty,  and  that 
Mi-.  Calhoun  was  ready  to  address  the  Convention  at  such  time  as 
it  should  desire. 

On  motion  by  Mr.  Jones,  of  Lauderdale,  i1  was 

Reeolm  ;.  That-tUe  Hon.  A.  P.  Calhoun.  Commissioner  from 
South  Carolina  to  the  State  of  Alabama,  be  requested  to  addres! 
the  Convention  at  this  time,  and  make  such  communications  a 

may  desire. 

Mr.  Calhoun   was  then  introduced,  and  addressed  the  Conven- 
tion^ in  substa  :  Mows  ; 
Mu.  PRESIDENT  AND  GENTLEMEN  of  THE  Convention  : 

It  is  one  of  the  most  agreeable  Incidents  of  my  life  that  the 
Convention  of  the  people- of  South  Carolina — my  native.  State — 
should  have  elected  me  a  Commissioner  to  the  State  of  Alabama, 
for  many  years  my  adopted  one.  South  Corolina  could  doubt  less 
have  sent  an  abler  son  to  represent  her,  but  she  couM,  not  have 
one  whose  hearl  wasfilled  with  more  kindness  and  attach- 
ment, or  one  who  would  extend  the  hand  of  fellowship  With  great 
er  sincerity  or  regard.  It  was  during  the  many  years  I  sojourned 
among  you,  I  learnt  how  td  appreciate  the  intelligence  and  ener- 
ur  citizens,  and  how  properly  to  estimate  the  vast  an8 
varied  resources  of  your  State:  a  State  second  to  but  one  as  a  cotton 
producer;  to  none  in  mineral  wealth,  especially  in  coaland  iron: 
so  potent  to  the  world,  either  in  the  mission  ol  peace  or  war:  a 
State  that  instructed  her  Governor  to  call  a  Convention  in  the 
event  of  the  election  of.fl  Blact  Republican  for  the  presumed  pur- 
■  of  meeting  the  gl  I   To  such  a  State,  South  Carolina 

would  Willingly   1  ajued  the  position  of  leadership  in  the 

great  drama  of  events  that  arc  pressing  to  a  rapid  solution,  nut 
by  a  combination  of  accid  ntal  causes,  the  initiation  of  the  contest 
devolved  upon  South  ( larolina.  The  Governor  of  South  Carolina 
called  an  extra  session  of  the  Legislature  to  <  i 
the  Presidential  vote  of  that  State.  Continuing  in  session  for  a 
few  days,  the  election  of  a  Black  Republican  or  sectional  candidate, 
was  declared;  an  I  feeling  that  submission  would  be  both  degrada- 
tion and  annihilation,  she  called  a  Convention  forthwith  of  the 
people  to  assemble  on  the  17th  of  December.     At  once  the  St 


RTBTOm      AM)    I>KI1U»    of 

in  up-hearing  of  the  j pie.    No  leader  or  [( 

t,  or  stemmed  its  impetuosity.     Ths  » 
public  opinion  swept  over  the  lower,  the  middle,  and   leaped 
lie  mniiiitaiii  districts.     The  result  was.  the  ( !on 
Msembled  with  unprecedented  unanimity.    Some  time 

i  oonsequeni f  i  loathsome  epidemic  raging  inColum 

1    invention  to  adjourn  to  Charleston.     <  >n  the 
IimIi  a  sneering  voioe  from  Alabama  Your  ( 

■sioner,*  who  so  ably  represented  your  State,  and  was  to  a 
to  the  <>ih'  to  which  he  wss  accredited,   presented  a  I 

four  patriotic  and  popular  Gk>vernor,  that  carried  an 
thrill  through  every  heart — M  tell  the  Convention  to  listen 
;  :  ii  osition  of  compromise  or  deiaj  ."     The  next  day,  ths 
20th,  came  the   Ordinance  annulling  the  compact  which  South 
!in:i  had  entered  into  in  1788  with  twelve  other  soven 
id  resuming  all  delegated  power,  Bhe  became  a  free,  so\ 
_n.  and  independent  commonwealth.     At  this  point,  theacou- 
inula  ssiona  of  the  third  of  a  century  fell  like  shackled  at 

feet,  and  free,  disinthralled,  regenerated,  Bhe  stood  before  her 
1  people  like  the  genius  of  Liberty,  beckoning  them  on  to 
;  •  performance  of  their  duty. 

Tip-  argument  closes  hen  bo  far  as    Federal  aggressions  is 

.1  Carolina  are  concerned.      Bui  may  wc  not  pans-  in  rever 

and  admiration  before  the    vast  monument    built  up    bj 

thern  genius  and  eloquence,  in  defending  and  warning  a  pur 

icction  <>r  the  measured  approach  of  despotism,  and  that, 

.ii  the  face  of  ths  frowns  and  blandishments  of  power;  and 

were  some  who,  braving  the   imprecations  of   the  enemy, 

the   importunities  of  friends,  persisted  in  performing  their 

-  I  duty  t<.  their  section  at  all  and  everj  sacrifice. 

In  obedience  to  Instructions,  I  now  present  a  certified  copj   of 

in  4  hrdanance"  to  dissolve  the  1  nion  between  the  State  of  South 

•  lina   and    other   States,    united    with    her  under  the    eompact 

tied  the  ■■Constitution  of  the  United  States  Of  America.      I 

ilso  instructed  to  invite  your  cooperation  with  South  Carolina 

le  formation  of  a  Southern  Confederacy,  and  to  submit  the 

Federal  Constitution  as  the  basis  of  a  provisional  government. — 

lliai   instrument,   with   the  Southern  construction  given  to   it. 

I  be  safe  until  it,  or  one.  could  be  deliberately  amended  and 

perfected.    The  exigency  requires  for  the  present,  prompt  and  dli 

tl  action,  and  lor  this  purpose  I  .•mi  instructed   to  invite  your 

r  in  I  invention  at  the  earliest  practicable  daj . 


Bloiore,  of  Montgomery,  CoatraUwoiter   frpm   Alabama 

■   South    f'nr 


THE   CONVENTION    OF    ALABAM  t.  38 

Mr.  ('.  prooeoded  to  say  thai,  before  he  left  Charleston, thie  Com- 
missioners to  t lio  several  States,  in  a  meeting,  had  determined  to 
suggest  the  first  Monday  in  February,  the  3d,  He  said  he  had 
heard  Montgomery  suggested,  but  was  not  authorised  to  say  am 
thing  on  thai  point  himself.  Mr.  C.  here  presented  the  Report  and 
Resolutions  from  the  Committee  ou  M  Relations  with  slaveholding 
States, providing  for  Commissioners  to  sneli  States,*'  and  read  the 
Resolutions  appended  to  the  report,  which  he  then  submitted  to 
the  Convention.  He  also  submitted  "The  address  of  the  people 
of  South  Carolina,  assembled  in  Convention,  to  the  .people  of  tin 
slaveholding  States."  and  then  proceeded  :  That  no  better  illus- 
(ration  of  the  insidious  approach  and  consummation  of  despotism 
can  be  found  in  history,  than  the  progress  of  the  Government  of 
the  United  States  to  consolidation  and  the  usurpation  of  cvvvy 
vestige  of' State  sovereignty.  Even  the  mask  that  covered  its  ag- 
gressions is  now  dropped, and  it  is  making  war  and  striking  at  in- 
dependent States  that  warmed  it  into  life.  Be  it  so.  The  day  of 
endurance  is  past.  The  government  of  the  United  States  will 
Stand  out  in  history  a  mock  and  reproach  toevery  friend  of  free- 
dom or  free  institutions.  We  are  in  the  midst  of  events,  and 
enacting  them,  that  will  effect  the  condition,  not  only  of  ourselves 
but  the  world,  for  weal  or  woe.  In  South  Carolina,  we  feel  the 
justice  of  our  cause  :  we  will  defend  our  State  Jo  the  last  extremi- 
ty, be  the  consequences  what  they  may.  A  common  cause  unites 
Alabama  and  South  Carolina  and  the  other  cotton  States.  A.H 
Union  at  the  earliest  day  between  them  will  guarantee  success. — 
We  cannot  be  conquered;  but  united,  we  will  hurl  defiance  at 
our  assailants.  The  flag  of  Independence  and  resistance  is  unfurl- 
ed in  my  State  from  the  mountains  to  the  sea-board.  Old  and 
youug  rally  to  its  standard  with  the  determination,  if  the  attempt 
is  made  to  coerce  us.  that  we  will  '"die  freemen  rather  than  live 
slavo." 

Mr.  Calhoun  then  laid  before  the  Convention  sundry  documents, 
connected  with  his  mission,  which  will  be  found  in  another  part 
«>f  this  volume. 


This  History  would  not  be  complete  it'  it  wen  to  eoaceafthc 
great  excitement  that  prevailed  in  the  Convention,  and  the  deep 
interest  that  every  member  felt  in  passing  events.  Telegraphic 
dispatches  were  frequently  received  and  read,  :uid  served  the  pur- 
pose of  keeping  up  the  ammati<>i  . 


! 

ins  in  I  be  1 1 
oomprora 

I  i  nt." 

M< 

■  ,  .. 

•iic  hundred  an  I  l\\  -  '.■    (112) 

all  the  means 
i 
l  all  will  b*  righl  ■'"  \.  V.  HOPK 

■ 

■ 

| 
Montgomery .  Ma.,  Jan.  8,  1861 .     j 

In  "  i  Im  the  <  lonvention 

pommunicatc  any  information  I  maj  bavi* 
dition  of  the  country,  I  herewith  transmit  ■ 
infuri 

■ 

■■  bicfa  are  respectfully  submitted  t<>  the 
i'.  ention. 

Vei  \  Cully, 

\ .  B.  MOOR]  . 


The  I  ibl)  at   i:  ousiy, 

with  two  exceptions,  resolutions   requiring  the  Governor,  in  the 
m  of  a  Block  Republican,  to  oi\l<  i  cl  cti<  u 
i  a  Convention  of  tin- State.     The  contin- 
ii]    .  ■  L  having  occurred,  making  it  necessary  for  me 
mention,  writs  of  election  tfere  issued  immediately 
■  of  the  elector  ial  coll  egi  t.     It  was  my  opin- 

ion tluit,  uuder  the  peculiur  phras  of  the  resolutions,  I  was 

-  upon  the  casting  of  the  popular 
I.  therefore,  determined  uol  to  do 

ilding  States  have  a  common  interest  in  the 


THE    CONVENTION    OF     U..\i;AMA.  '■'>'■) 

tutron  of  slavery,  and  niiisi  be  common  sufferers  in  its  overthrow. 
!  de  med  it  proper,and  it  appeared  to  be  the  general  sentiment  of 
I  he  pro | ilc,  that  A  la! -a ma  should  consult  and  advise  with  the  Other 
slaveholding  Slates,  so  far  as  practicable,  as  to  what  is  best  to 
be  done  to  protect  their  interest  and  honor  in  the  impending  crisis. 
And  seeing  that  the  Conventions  of  South  Carolina  and  Florida 
would  probably  act  before  the  Convention  of  Alabama  a 
bled,  and  thai  the  Legislature**  of  some  of  the  States  would  meet, 
md  might  adjourn  without  calling  Conventions,  prior  to  the  .meet- 
ing of  our  Convention,  and  thus  the  opportunity  of  conferring 
with  them  upon  thegreal  and  vital  questions  on  which  you  are 
•ailed  to  act — 1  determined  to  appoint  Commissioners  to  ail  the 
slavelv  tiding  Stall's.  Alter  appointing  them  to  those  States  v.  h<  >s< 
iticMis  and  Legislatures  were  to  meetin  advance  of  the  Ala 
baraa  Convention,  it  was  suggested  by  wise  counselors,  that  if  ) 
lid  not  make  similar  appointments  to  the  other  Southern  Stati  S, 
it  would  seem  to  he  making  an  in vidious  distinction,  which  was 
not  intended.  Being  convinced  that  it  migh't  be  so  considered,  ! 
hen  determined  to  appoint  Commissioners  to  all  the  slaveholding 
Stales,  and  made  the  following  appointments: 

\.  I\  Hopkins  and  V.  M.  Gilmer,  Commissioners  to  Virginia. 
John  A.  Elmore,  Commissioner  to  South  Carolina,. 
1.  \V.  Garrott  and  Robert  II.  Smith.  Commissioners  to  North 
Carolina. 

J.  I..  M.  Curry,  Commissioner  to  Maryland. 
I  >avid  Clopion.  Commissioner  to  1  >elaware. 
S.  F.  Hale,  Commissioner  to  Kentucky. 
William  Cooper,  Commissioner  to  Missouri. 
L.  I\  Walker,  Commissioner  to  Ti  i 
David  Hubbard,  Commissioner  to  Arkai 
John  A.  Winston.  Commissioner  to  Louisiana. 
•  I.  \\.  Calhoun,  Commissioner  to  Texas. 
L.  I '.  Bullock,  Commission*  rida. 

i  Gill  Shorter,  Commissioner  to  Georgia. 
1'.-.  \\  .  LVttus,  Commissioner -to  Mississippi. 

All  these  gentlemen  are  well  known  to  the  people  of  Alabama, 
and  distinguished  for  their  ability,  integrity  and  patriotism.  Tip' 
following  is  a  copy  of  the  commission  to  each  of  them,  in  sub- 
stance : 

.        ) 

mery,  AJ  .    ] 

Wiikiikas.  the  election  ol  Abraham  Lincoln,  a  Black  Republi- 
can, to  the  ]  ctional 


and  l>\  .1  part)  wh  agaud  publicly  avowed  obje* 

notion   of  the   institution  of  slavery  as   it    exists  in   the 
St  .    j,  is  ,ui  accomplished  fact;  and  whereas,  the  suc- 
and  the  power  which  it  now  has,  and  soon  will 
tly  en  langer  the  peace,  interests,  security  and  honor 
of  the  slaveholding  States,  and  make  it  necessary  that  prompt  and 
as  should  b  I  i"  avoid  the  evils  which 

lit  from  a  Republican  administration  ofthe  Federal  I 
rerntnent;  and  as  the  interest  hd<  I  destiny  of  the  slaveholding 
ili'-  tame,  they  must  naturally  sympathize  with  each 
:   they,  therefore,  so   far  as  may  l>e  practicable,  should  con 
suit  and  advise  together  as  to  ^  hat   i-  best  t<>  be  done  to  protect 
their  mutual  interest  and  honor. 

Now.  therefore,  in  consideration  of  the  premises,  I.  Andkkw  T>. 

nor  of  the  State  of  Alabama,  bj  virtue  of  the  gen 

oral  powers  in  me  vested,  do  hereby   constitute  and  appoint  Col. 

John  A.  EH  more,  a  citizen  of  said  State,  a  Commissioner  to  the 

S       ■•  of  Smith  Carolina,  to  consult  and  advise  with  1 1 1  — 

Excellency,  <  Jov.  Wm.  If.  Gist,  and  the  members  of  the  Conven 

tion  to  be  assembled  in  said  State  on  the  17th  day  of  December, 

■  >  what  is  best  to  be  done  to  protect  the  rights,  interests 

and  honor  <>t*    the  slaveholding  States,  and  to  report  the  result  of 

such  consultation  in  time  to  enable  me  to  communicate  the  same 
to  the  '  'on  vent  ion  of  the  State  <  it'  A  la  ha  ma.  to  be  held  on  the  7th 
da}  of  January  next. 

In  testimony  whereof  I  have  hereunto  signed  m\  name,  and  can 
..    s  ,  sed  the  '■        Seal  of  the  State  to  be  affixed,  in  the  eit\ 

■  of  Montgomery,  this day  of  December,  A.  I).  I860. 

A.  B.  MOORE. 

I  herewith  transmit  to  you  the  reports,  so  tin- as  they  have  been 
received,  and  will  lay  bei  »re  the  Convention  an\  others  that  ma} 
In-  made,  immediately  on  their  receipt,  f  trust  that  my  course  in 
the  appointment  of  these  Commissioners  will  meet  the  approbs 
■  »f  the  ( "on\  ention, 
Having  satisfactory  evidence  to  believe  that  Alabama  would 
withdraw  from  the  present  Union,  I  considered  it  mydutj  to  take 
such  steps  as  would  enable  the  Convention  and  Legislature  to  pro 
vide  the  means  of  putting  the  Stale  in  a  condition  to  protect  and 
■  !■  fend  her  citizens,  in  the  event  of  her  secession. 

Knowing  that  the  Treasury  was  not  provided  with  funds  suffi- 
cient for  the  purpose — that   bonds,  at  Buch a  crisis,  could  not  be 
I  out  of  the  State,  except  at  a  great  sacrifice,  and  believing  that, 

at  such  a  time,  additional  taxation  Upon  the  people  should  be  I 
voided,       possible,  I  determined  to  take  the  responsibility  of  re- 


THE  CONVENTION  OF  ALABAMA.  87 

questing  the  banks  to  suspend  specie  payments,  for  the  purpose 
of  retaining  their  specie  to  aid  the  State,  provided  it  should  be- 
come necessary.  With  this  view,  I  addressed  a  letter  to  each  of 
the  backs,  a  copy  of  which  will  be  found  in  the  following  address 
to  the  people  of  Alabama,  published  on  the day  of*  Decem- 
ber, I860.  I  refer  the  Convention  to  this  address  for  a  full  state- 
ment of  the  reasons  which  induced  my  action  in  (his  matte?: 

Executive  Department,      / 

Montgomery.  Ala..  Dee.   17.  1S<><».     ( 

To  the  People  of  Alaisama  : 

Strong  appeals  have  been  made  to  me,  by  many  citizens  from 
different  sections  of  the  State,  to  convene  the  Legislature  for  the 
purpose  of  providing  the  ways  and  means  of  protecting  the  in- 
terests and  honor  of  the  State  in  the  impending  crisis  J  and  for  the 
further  purpose  of  authorising  the  banks  to  suspend  specie  pay- 
ments, to  enable  them  to  furnish  greater  facilities  for  moving  the 
cotton  crop,  and  thus  relieve,  to  some  extent,  the  embarrassed 

Condition  of  the  COtton  market,  and  the  people.  These  appeals 
were  made  by  those,  whose  opinions  are  entitled  to  the  highest 
respect,  and  are  disconnected  with  the  hanks,  either  as  directors 
or  stockholders.  After  giving  to  the  subject  the  fullest  considera- 
tion, and  viewing  it  in  all  its  bearings,  I  determined  not  to  con- 
vene the  Legislature,  for  reasons  which  1  will  now  give. 

I  did  not  doubt,  and  do  not  now.  that  the  Convention,  to  meet 
on  the  7th  January,  will  determine  that  Alabama  shall  withdraw 
from  the  present  Union,  at  an  early  day. 

Should  this  contingency  occur,  it  will  be  necessary  forthwith  to 
convene  the  Legislature  to  provide  for  whatever  the  action  of  the 
Convention  may  render  necessary,  in  the  way  of  legislation. — 
The  imposition  upon  the  State  of  the  expenses  of  the  Convention, 
and  two  extra  session  of  the  Legislature  at  this  time,  when  econo- 
my is  a  matter  of  the  highest  consideration,  ought  to  be  avoided,  if 
it  eoidd  be  done  consistently  with  the  public  interests.  It'  the  Le- 
gislature could  anticipate  the  action  of  the  Convention,  and  pro- 
vide for  it,  it  would  supersede  the  necessity  of  convening,  after 
the  Convention  shall  have  acted;  but  this  would  be  impossible. 

It  was  i 1 1 v  opinion,  that  if  I  issued  a  proclamation  calling  an 
extra  Bession  of  the  Legislature,  everyone  would  believe  that  the 
object,  in  part,  was  to  authorize  the  banks  1"  suspend  specie  pay- 
ments. This  WOUld  have  caused  an  immediate  run  ujm.ii  them, 
and  would,  in  a  great  measure,  have  exhausted  their  speck-,  and 
thus  rendered  them  unable  to  aid  the  State  in  her  emergency,  or 
relieve  the  people. 

It  appeared  t"  me.  that   these  difficulties  could  be  avoided.,  by 


.'.  bicfa  oevei  should 

other  circumsl  I  considered  it  a  matter 

thai   the  specie,  in  the  vaults  of  the 

as  it  could  In*  done,  m  order 

!>r<>\  iding  the   in  'If  in  the 

[1    would  be  inexpedient,  :it  sueh  ;i  time,   i" 

mis  could  not  n..w  be  sold,  except  at  u 

[  i  I  it   tli"  duly   of  banks,  upon   whom 

I,  toci ■! i it •  to  tli"  aid  <>t' 

in  ber  li ■  of  ne<  I,  and  therefore  determined  to  request 

..  at   the  same  tim  nd  specie  payments,  and  retain 

their   Bpecie   for  tb  ■   benel  iiritj  of  theState,   so  i 

In  tins  way,  a  run  upon  the  banks  would  be  avoided,  and   the\ 
condition  to  relieve  the  State  from  immediate- 
pie,  or  selling  bonds  at  a  henvj   discount;  ami 
ion  of  tli-  I  <cgislature,  before  tli  ■ 
on. 
relief  to  the  people,  in  selling  their  Cotton 
ould    follow  as   an    incident.     In   consideration    of  th 
I  a  [dressed  t  i  each  of  the  banks  a  letter,  of  which  til 
following  is  a  copy  : 

K.\l  CUT1V1     Dl  PARTMJ  M.        / 

.  A!  u,  D<  c    I.  I860,     i 

To  OF  THI 

■  i    B  INK  ma.  MONTGOMBttV,  Al.A  : 

Li  >ii  n  :— The  ;  eouliar  and  extraordinary  Btate  of  public 
uffaira  and  the  interest  of  the  State,  make  it  a  matter  of  State  oe 
in  in  tin-  vault-  of  the  banks  all  the  gold  and  silver 
in  their  possession. 
Prom  present  prospects,  there  oan  scarcely  be  a  doubt  that  Ala 
i   the  Union  before  the  4th  day  of  March 
next.     Should  thai  occur,  it  will  1  y  for  the 

than  a  million  <d'  d<>ll  it  or  its 

equivalent     l  nder  the  circumstances  which    surround    ua)    we 
could  aoj   sell  State  bonds,   either  in  the  North  or  in  Europe,  ea- 
st   a  ruinous  discount  ;  and  it  would  bo  inexpedient  ti  tax 

■mediately     for    thai    purpu.se.        Hew,    then,    ean    the 

re  the  money,  thai  may  be  n<  in  her  emergency  '.' 

practicable  plan    now  presents  itself  t  i  my  mind,  and 

call  upon  the  banks  of  the  State  to  oome  to  our. aid.     The 

ill-,  and  the  suspension  of  the    South    Carolina  and 

.  will  create  more  or  less  uneasiness  in  the  minds  of 

bill-holders,    and   will   induce   many   of  them   to  draw  the  specie 


THE  CONVENTION  OF  ALABAMA.  UU 

from  the  banks  to  the  extent  of  the  notes  they  may  hold,  and  thus 
render  the  banks  unable  to  aid  the  State,  as  they  otherwise  could 

do. 

i  am  Btrongly  urged,  from  various  parts  of  the  State,  to  convene 
the  Legislature,  for  the  purpose  of  authorizing  the  banks  to  sus- 
M'nu  -;  i  qic  payments,  and  thus  enable  them  to  retain  their  Bpooie 
for  the  purposes  suggested. 

1  have  reflected  much  and  anxiously  upon  the  subject.  1  am 
satisfied,  were  I  to  convene  the  Legislature  lor  the  purpose  stated. 
that  it,  Would  produce  a  run  on  the  banks,  and  in  a  great  measure 
exhaust  their  specie  and  defeat  the  object  I  haye  in  view. 

With  the  view,  then,  of  enabling  the  banks  to  retain  their  spe- 
cie for  the  purpose  aforesaid,  I  deem  it  my  duty,  under  the  cir- 
eircumstances,  to  advise  and  request  them  to  suspend,  all  at  the 
same  time. 

The  high  and  patriotic  motives  which  would  induce  the  act. 
would  sustain  the  banks  and  me.  There  can  be  no  doubt  that  the 
Convention  and  Legislature,  soon  to  meet,  will  sustain  and  legal- 
ise the  act.  1  will  sanction  it,  and  will  iustitutc  no  proceedings 
against  them  ;  and  in  my  message  to  the  Legislature  and  Conven- 
tion will  Urge  them  to  sanction  the  act,  which  I  am  sure  they  will 
do. 

If  need  be,  after  the  suspension,  I  will  write  an  address  to  the 
people  of  the  State,  stating  the  facts  and  circumstances  under 
which  the  step  was  taken,  lam  satisfied  that  the  banks  are  in 
a  sound  condition,  and  can  maintain  it  through  the  present  crisis; 
but  it  will  render  them  unable  to  give  the    State  that  aid  she  will 

need 

T  have  written  similar  letters  to  all  the  banks.  The  contents  of 
this  communication  are  respectfully  submitted  to  your  considera- 
tion. Very  respectfully,  your  obedient  servant, 

A.  B.  MOORE. 

At  in}  suggestion  and  request,  and  for  the  purposes  stated  in 
:n\  letter,  the  Commercial  Lank  at  Sehna,  the  Central  Lank  at 
Montgomery,  and  the  Eastern  Lank  at  Eufaula,  suspended  this 
day.  It  is  due  to  those  banks  that  I  should  say  (being  advised  of 
their  condition)  that  they  arc  able  to  sustain  themselves  through 
the  crisis,  and  that  they  have  taken  this  important  step  with  tin 
high  and  patriotic  motive  of  sustaining  the  State,  as  shown  by  the 
response  of  each  of  them  to  my  letter.  Their  letters  are  filed  in 
my  office,  and  would  have  been  published  but  for  the  length  the) 
would  give  this  communication. 

There  i>  no  necessity  for  any  depreciation  in  their  not'-,  as 
there  can  be  no  question  of  their  solvency. 


|0  niBTOtn      LND 

Thecircui  inder  which  they  have  suspended,  should  re- 

•     then   from  any  censure.     If  censure  ia  t  >  fall  upon  any 
ii  thould  be  ii]. mii  m>'.  and   I    rely    for  my  jastifioation  upon 
die  manifest  pro|  riety  tod  necessity  of  the  sot,  aa  well  aa  the  mo 
arbioh  induced  it       Tlio  Hank,  of  Mobile,  and  the  Southern 
Mabama  deelioa  to   Buspen  1.  but  patriotically  pledge 
themselre*  to  raise  their  proportion  of  the  amount  suggested  in 
■y  1.  f.  r,  should  there  be  a  necessity  i'<<r  i'.    These  two  banks  be- 
ing located  in  Mobile,  can  procure  specie  and  exchange  with  mora 
ity  than  the  banks  in  the  interior,  and  are  not  ->.  liable  to  be 
prejudiced  by  the  I  banks  "I'  South  Carolina  and  <■ 

i!   ■    •     their  ability  t.»  aid  the  Stat.-  without  suspending 
apeCie  paymei 

The  Northern  Bank   .t   llunt.-vill  sspend,  oa 

icooool  "l'  pccoliar  circumstances  which  surround  it. 

I  have  n  >w  briefly  stated  tin-  circumstances  and  Carts,  sonneet- 

itli  the  auspeosion  "I'  three  of  our  l>auks,  in  aooordaooe  with 

tin-  j ■  rt . 1 1 1 1 .- > •  cootaioed  in  my  letter,  and  hope  they  will  be  aatisfae- 

to  the  enlightened  and  patriotic  people  of  Alabama,  fur  whose 

beoeftl  tliis  great  responsibility  lias  been  assumed. 

a.  B.  MOORE, 

1  am  authorised  t<>  say  that  the  banks  arc  prepared   to  loan  the 

their  proportionate  share  of  oae  million  dollars,  should  her 

quire  it 

'I'll-1  i   is  aware  iliit  I    bare  bad   tforl   Morgan,  Port 

Gaines,  and  Mount  Vernon,  occupied  by  the  troops  of  Alabama. — 

M \  reasons  i'"r  tlii*  important  step  arc  briefly  and  plainly  set  forth 

in  the  following  letter  to   the  President    "i  the  I  nited  State-,  tu 

I    v.  i-  officially  informed  tint  the  !■'. >rts  and  Ar>enal  had 

been  OCCUpted  ' 

K\i  Ot  n\  i.   hi  i'  \i;  imi.n  r.       I 
Montgomery,   \l  t  ,  -Ian    I.  I  861.    [ 
To  Hjs  Kx<  i  i.i.i  S(  J  Jamba  Bi  •  ii  w  an. 

I  IM   N  I     (.1      i  III.    I     M  I  ID    Sl'ATKS  : 

Slit:       In  ■  spirit  ol    frankness,   I   haute  U  tO  inform  you  by  letter 

that,  by  my  order,  Kort  Morgan   and  I'mt  Qaines  and  the  United 

.;   at    Mount  Vernon,  were,   <>n   yesterday  peaceably 

tpied,  and  arc  now  held  by  the  troops  of  the  State  of  Alabama. 

That  this  act  <m  my  part  may  not  be  misunderstood  by  the  I rovet  n- 

(neiit  of  the  Unit!  I    proceed  instate  the  motives  which 

ha\e  induced  it,  and  the  reasons  which  justify  it,  and  also  the 
course  of  i  ritli  which  1  design  to  follow  that  act. 


TIIK    CONVENTION'    OF   ALABAMA!  4l 

A  Convention  of  the  people  of  this  State  will,  in  pursuance  of 
previously  enacted  law,  assemble  on  the  7th  inst.  I  was  full) 
convinced,  by  the  evidences  which  I  had.  that  that  Convention 
would,  at  an  early  day,  in  the  exercise  of  an  authority  which,  in 
my  judgement,  of  right  belongs  to  it,  withdraw  the  State  of  Ala- 
bama from  the  Government  of  the  United  States,  and  place  it  in 
the  attitude  of  a  separate  and  independent  power.  Being  thus 
convinced,  I  deemed  it  my  duty  to  take  every  precautionary  step 
to  make  the  secession  of  the  State  peaceful,  and  prevent  detriment 
to  her  people.  While  entertaining  such  a  conviction  as  to  my  du- 
ty, I  received  such  information  as  left  me  but.  little,  if  any,  room 
to  doubt  that  the  Government  of  the  United  States,  anticipating 
the  secession  of  Mabama,  and  preparing  to  maintain  its  authority 
within  this  State  by  force,  even  to  the  shedding  of  blood  and  the 
sacrifice  of  the  lives  of  the  people,  was  about  to  reinforce  those 
Folia,  and  put  a  guard  over  the  Arsenal.  Having  that  informa- 
tion, it  was  but  an  act  of  self-defence,  and  the  plainest  dictate  of 
prudence  to  anticipate  and  guard  against  the  contemplated  move- 
ment of  the  authorities  of  the  General  Government.  Apprecia- 
ting, as  T  am  sure  you  do,  the  courage  and  spirit  of  our  people,  you 
must  be  sensible  that  no  attempt  at  the  coercion  of  the  State,  or 
at  the  enforcement  by  military  power  of  the  authority  of  the  Unit- 
ed States  within  its  jurisdiction,  in  contravention  of  the  ordinance 
Of  secession,  can  be  effectual  unless  our  utmost  capacity  for  resist- 
ance can  be  exhausted.  It  would  have  been  an  unwise  policy, 
suicidal  in  its  character,  to  have  permitted  the  Government  of  the 
1'nited  States  to  have  made  undisturbed  preparation,  within  this 
State,  to  enforce,  by  war  and  bloodshed,  an  authority  which  it  is 
the  fixed  purpose  of  the  people  of  the  State  to  resist  to  the  utmost 
of  their  power.  A  policy,  so  manifestly  unwise,  would  probably 
have  been  overruled  by  an  excited  and  discontented  people,  and 
popular  violence  might  have  accomplished  that,  which  has  been 
done  by  the  State  much  more  appropriately  and  much  more  consis- 
tently with  the  prospect  of  peace,  and  the  interests  of  the  parties 
concerned. 

The  purpose  with  which  my  order  was  given  and  has  been  exe- 
cuted, was  to  avoid,  and  not  to  provoke,  hostilities  between  the 
State  and  federal  ( Jovernmcnt.  There  is  DO  object,  save  the  hon- 
or and  dignity  of  my  State,  which  is  by  me  90  ardently  desired  a- 
the  preservation  of  amicable  relations  between  this  State  and  the 
Government  of  the  United  States.  That  the  secession  of  tin 
State,  made  necessary  by  the  conduct  of  others,  may  be  peaceful, 
is  my  prayer,  as  well  as  the  prayer  of  every  patriotic  man  in  the 
State. 

4 


K  KMT0R1      \M  OF 

An  i  the  property  in  the    Porta  and   Arrest]    hia 

:i n  1  the  strictest  ears  will   be  taken  to  prevent  the 

injury  <>r  destruction  of  it.  while  peaoeable  relatione  continue  t" 

I  trust   they  will      The  Forts  and  Arsenal  will  be  held 

:  ler,  only  for  the  precautionary  purpose  t'>r  which   they 

•  taken,  i  I  to  the  control  of  the  Contention  of  the 

;  isMemble  "n  t he  7th  insl 

With  distinguished  consideration, 

I  an  yum-  obedient  servant, 

A.  B.  MOOttK. 

■  and  Arseoal  will  be  held  subjeci  to  such  instructions 
ami  directions  as  the  Convention  maj  think  proper  to  give.     Strict 
rs  huvo  been  given  the  officers  in  command  .it  the  places  n.en- 
I,  to  take  an  inventory  of  the  arms  and  ammunition,  and .pub- 
itores,  and  see  thai  all  are  protected  and  preserved. 
I  am  fully  aware  that,  in  all   1  have  done  in  regard  to  th< 
herein  communicated,  1  have  taken  great  responsibilities, — 
For  my  justification,  I  rely  upon  the  propriety  and  necessity  of  the 
Bourse  I  have  taken,   ami   njpon  the  wisdom  and  patriotism  of  the 
C  uveniioa  and  people  of  Alabama.     In  this  great  and  trying  cri- 
I  have  done  all  1  could  do  t<>  prepare  the  State  for  any  emer- 
■  i  it  might  occur;     Tbegreatand  respooaible  duty  of  pro- 
tecting the  ri^ht-,  interests  ami  honor  of  Alabama,  is  cow  imposed 
■in   the  Convention ;  and  I    do  not  doubl  that  her  present  proud 
ami  high  position  will  be  maintained.      Maj  the  ('"'l  of  Wisdom 
ii-i  i  Justice  guide  vou  in  your  counsels. 

A.  B.  MOORE. 

'I  .    President   laid  before  the  Convention -the  following  tele 
hie  dispatches,  from  the  Hon.  Edmund  W,  BettUB,  Comruis 
■loner  from  Alabama  to  Mississippi ;  and  from  the  Hon.   K.  < 
Bullock,  Commissioner,  from  Alabama  66  Florida: 

"Jackson,  Sfiss.,  Jan.  7 .      "A  resolution   has  been  pat 

a  Committee  of  fifteen  t"  draft  the  ordinance  of  secession." 

E.  VV .  I'i.i  1 1    . 

"I  mtion  met  at  twelve  (12.)     Mr.  Barry  is  President. 

The  Si  ite  w  ill  probably  Becede  to  morrow  or  next  <la\ ."" 

E.  \\ .  Pj  n  i 

H  Tallahassee,  /''/"..  Jan.  '. .  -Convention,  by  vote  of  one  hun- 
dred and  Bixty-two  (162)  W  ii\<%  (•">.)  adopted  resolutions  in  favor 
of  immediate  secession.     Committee  appointed  to  prepare  ordj-' 
nance  yf  secession."  E.  C,  Bullock. 


1'IIE    CONVENTION    OF    ALABAMA.  43 

PROPOSED  SECRET  SESSIONS. 
When  Mr.  Calhoun  addressed  the  Convention  to-day,  there  was 
applause  in  the  galleries  and  lobby,  and  in  the  Convention.  It 
seemed  difficult  to  restrain  this  disposition  ;  and  the  President  in- 
timated that  the  galleries  would  have  to  be  cleared  if  order  was  not 
observed.     This  led  to  a  discussion,  and  the  following  propositions  : 

Mr.  JEMISQN  introduced  resolutions  as  follows  : 

Resolved,  1st.  That  all  the  deliberations  of  this  Convention  shall 
be  held  with  closed  doors,  and  in  secref.  unless  otherwise  directed 
by  the  Convention. 

Resolved,  "id.  That  on  a  motion  to  open  the  doors  of  the  Con. 
vention,  therfl  shall  be  do  debate  unless  by  consent  of  two-thirds  ol 
the  Convention. 

Resolved^  3d.  That  those  persons  invited  within  the  bar  of  the 
Convention  shall  not  be  excluded  from  the  secret  sessions,  unless 
so  ordered  by  the  Convection. 

\lved,  4th.  That  an  obligation  of  strict  secrecy,  in  regard  to 
the  Becrct  deliberations  of  this  Convention,  is  imposed  upon  all 
members  and  persons  invited  within  the  bar.  and  the  officers  of 
this  Convention. 

Resolved,  5th.  That  the  lobby  be  set  apart  for  the  use  of  the. 
ladies,  while  we  are  in  open  session. 

Mr.  Barer,  of  Russell,  moved  to  strike  out  the  first  resolution 
and  insert  the  following  : 

Resolved,  That  whenever  this  Convention  shall  deem  it  neces- 
sary to  hold  a  secret  session,  it  may  be  done  on  motion  and  a  ma- 
jority vote  of  the  Convention,  and  thereupon  the  Door-keeper  shall 
clear  the  lobby  and  galleries,  and  that  no  debate  shall  be  had  oa 
.1  motion  to  g  i  into  secret  session. 

\\ ::.  Yancey  said  : 

That  he  was  iii  furor  <>f  secret  sessions  on  certain  questions-. 
The   proposition  of  the   gentleman   from  Tuscaloosa  [Mi-.  .Jomi 

|  however,  was  not  such  aa  wholly  met  his  approval.     That 
proposition  makes  secret  session  the  rule,  and  open  session  the 

ption.      lie  won!. I  revi  rse  it,  and  make  open  session  the  mlr 
and  -  'i-  exception.     Whenever  any  matter  eanu 

up,  which  it  would  be  policy  to  consider  in  .  it.  would 

be  easy  to  movft  to  close  the  doors. 


nt8TOm      vm>    OKI    I 

i >iit  little  real  moment,  which  w ;i\ 
I  he  would  rote  for  the  t  s  of  the  gentle- 

m  Tuscaloosa,  ("Mr.  Jemison,]  rather  than  not  have 

ffer  upon  the   President  the  | 
s  to  be  dosed,  when  in  his  judgment  it  was  prop- 
gsion;  this  would  remove  another  objection 
which  has  been  urged  against  closing  the  doors  upon  motion  by 
of  the  majority  of  the  Convention  :  thai  is.  the  necessity 
ling  to  the  house  the  subject-matter  which  required  secre- 
cy in  deliberation,  ami  thus  defeat  the  sole  object  of  Bitting  with 

lent  of  the  Convention  must  know  the  nature  of  every 
itch  and  from  the  Governor;  in  a  word,  the  chair 

know  what  is  toe  character  ofaU  subjects  demanding  the 

this  body,  and  in  his  judgment  and  sound  discretion 
i  Ij<-  Convention  may  safely  confide. 

questions  of  verj  grave  importance, whichpru- 

i  and  the  public  safety  alike  require,  should  not  >  et  bemadepub- 

'  Er.  P.  admitted  to  be  true  ;  at  the  same  time,  he  was  unwilling 

lopt  the  rule  ofsecrel  session,  and  open  doors  the  exception, 

that  much  of  the  business  of  the  Convention  may 

that  delicate  complexion,  requiring  closed  doors  for  its 

consideration. 

lemonstratious  rnthe  galleries,  Mr.  I'.  admitted,  were  im- 
r;  bul  lie  thought  such  indiscretions  would  not  be  repeated; 
is  unwilling  to  exclude  from  thegalleries  so  many  of  our 
fellow  citizens,  who.  in  oomnv  n  \\  ith  the  members  of  this  Conven- 
tion, were  so  deeply  interested  in  its  deliberations. 

Mi:.  Willi  imbon  said  : 

\    i   _.  oeral  rule,  applause  in  the  lobby  and  galleries  should 

tolerated;  but  regardless  of  rules,  there  are   times  when 

■  of  the  abundance  ofthe  heart  the  mouth  speaketh."    This, 

-ion.  winch,   ill  niv   judgment,   justifies  a   departure 
that  rule      I  ha\e  DO  doubl   Iml    that   AJabama   will  respond 

tunder  tones  to  the  coble  sentiments  expressed  by  the  gallant 
edited  to  our  Stale,  tor  the  purpose  of  notifying  us 

all)  of  tie  ■■  of  South  Carolina  from  the  United  States. 

In  the  course  of  his  remarks,  be  informed  us.  that  she  was  indue- 


THE    CONVENTION     OF     AI.  \ISAMA.  45 

ed  to  take  the  step,  believing  it  to  be  essential  to  the  vindication 
of  heir  rights  and  honor,  againsl  a  dominant  sectional  party,  benl 
upon  the  destruction  of  the  whole  South.  This,  sir.  main  of  us 
believe j  and  when  told  that  her  sons,  from  the  mountains  to  the 
sea-shore,  had  determined  to  strike,  if  need  be  solitary  and  alone. 
mi  defence  of  Liberty,  it  was  quite  natural  for  those  who  feel  deep- 
ly, and  anxious,  it  once  to  unite  with  them  in  repelling  insult  and 
injury,  to  give  expression  to  theis  feelings.  1  am  sure,  but  for  the 
deference  and  respect  entertained  for  this  body,  the  air  would  have 

i  rent  with  a  wild  shout  of  approval,  instead  of' the  utmost  ip 
dible  hum  of  applause  from  the  lobby  and  galleries. 

Mk.  Clark*  of  Laurence,  said; 

If  the  design  of  such  demonstrations  is  to  influence  the  deliber- 
ations  of  the  Convention, they  will  prove,  no  doubt,  utterly  fruit 
less;  and  therefore,  it'  there  were  no  other  objections,  1  would  be 
in  favor  of  permitting  gentlemen  to  amuse  themselves  ad  libitum, 
by  hand-clapping,  foot-stamping,  big-smiles,  or  in  any  other  man- 
ner, which  their  singular  appetite  for  noise  might  prefer.     There 
are  other  reasons,  however,  why  this  elamor  from  outside  places 
should  be  suppressed.  In  the  midst  of  the  confusion  it  is  impossi 
ble  to  hear;  besides,  it  tends  naturally  to  disturb  the  harmony   of 
our  counsels,  and  is  wholly  inconsistent  with  that  calm,  sober  and 
reflecting  mind  which  should  characterize  an   occasion  so  solemn 
:\\h\  impressive.     That  we  are  enacting  a  drama  for  history  is  ab 
solutely  certain  :  whether  it  is  a  tragedy  or  a  farce  will  transpire 
hereafter.     Therefore,  unless  the  galleries  shall  be  immediately 
cleared,  the  Convention  should  certainly  adjourn  to  the  Theatre, 
where  the  dramatis  persona   will  not  only   have  fuller  sweep  to 
play  "fantastic  tricks,"  but  applause  from  an  enraptured  auditor,) 
will  be  entirely  proper. 

Mi;.  Mo  in.  in  said  : 

Mr.  President — I  have  before  expressed  my  opinion  that  the 
■  r  of  this  bodj  should  be  preserved  against  all  efforts  to  dis- 
turb it.  So  far.  we  have  found  it  impossible  to  preserve  proper 
order,  and  the  result  has  been  that  we  are  unable  even  to  OOmpre 
hend  much  thai  has  been  --aid  by  members  of  the  Convention 
Allusion  has  been  made  by  some  gentleman  to  the  tint  that  we 
represent  the  people,  and  that  the  people  have  a  right  to  wi" 
our  deliberations.  1  am  very  fond  or  the  people,  hut  !  have  al 
ways  found  that  the  besl  recommendation  a  servant  can  It'diu"  to 


U18TOR1      vm-    DBI   ' 

no  his  duty,  not  with  ey<  The 

impossibility  i  applause  witli  the  feel  has  been  referred 

entleman.     I  regret  this,  for  while  I  admit  thai  the 

i  thoughts  which  have  just  been  uttered  b)  the 

nissioner  from  South  ( larolina  have  fallen  upon 

heart  with  unusual  power,  I  thought  the  occasion,  the  presence, 

w  huh  he  has  inherited,  and  lived  to  honor,  would 

per  and  purer  tone  of  feeling,  and  a  more 

.   ■  mode  of  <  xprcssion. 

I  low  that  soil  of  patriotism  which  glows  in  the  burning  cheek 

us  in  the  falling  tear;  which  brings  our  manhood  ap  eo 

f  great  Buffeirng  tot  the  cause  of  right  and 

justice,      I  approve  it  more  than  I  do    that    seal    which   rattles   ofl 

rtmiids  of  applause  with  the  feet  and  with  canes  upon  the  floor. 

:is  can  be  shown  for  the  adoption  of  the  resolutions 

>f  the  gentleman  from  Tim  It   will  remove  from  this 

chamber  the  hoi  impulse  which  moves  the  people  to  demand  the 

immediate  Ordinance  of  Secession.     Even   argu- 

beard  ou  both  sides,  and  we  musl  tab  I  to. 

gether.     No  man  can  render  me  a  bettor  service  than  to  k<  ep  me 

took  until  my  judgment  can  fully  approve  a  measure  which 

v  emotion  of  my  nature  urges  me  to  adopt.     I  am  now  pre* 

pared  foi  B  i,  fully  prepared,  and  anxious£o  hasb  n  the  mo- 

•  of  deliverance.     Bui  I  must  not  go  alone,  while  others,  wiser 

myself,  maj  ask  me  todelaj  until  the)  arc  prepared  to  go 

with  me.  or  until  their  reason  admonishes  them  that  the)    cannot 

I  speak  in  reference  to  the  people  ofourown  State.     I  would. 

i^t.  listen  )■  spectfuU)  until  I  should  be  convinced  that  longer 

less  or  dangerous. 

W.  cannot  debate  the  question  properly  in  open  Convention. 

Connected  with  the  question  of  Secession  there  are  mam   tacts 

which,  for  reasons  of  public  policy,  ought  not  now  to  b<    stated. 

\  o  Convention  of  the  character  of  that  now  sitting  here  has  con 

lucted  all  its  deliberations  openly.     Mo  skillful  General  "^  pro 

dent  Diplomat  would  open  the  secrets  of  his  counsels  to  the  ear 

•»f  his  adverser]  or  enemy.     Why  should  we  do  so  1     Arc  wo  in 

i  more  secure  position  than  our  fathers  were  when  the  Congress, 

■    Philadelphia,  was  sitting  with  closed  doors  and  promulgating 

nid  laws  under  the  veil  of  Becrcoj  to  the  people  ><i'  the 

Colonies  1     Make  seeret  sessions  the  rule  and  open  sessions  the 

ption,  and  the  people  will  not   be  continually  excited  with 

telegrams  to  the  i  ffect  that  the  Convention  has  gone  into  secret 

The  people  are  not  afraid  of  their    representatives  here. 

The\  have  no  rear  that  an  American  will  ever  attempt  to  estab- 


THK    CONVENTION    or    ALABAMA.  47 

LLsfa  another  Star  ( 'hamber.  If  we  trust  them  us  implicitly  as  the) 
trust  lis,  we  will  need  no  explanation  of  our  opinion  that  their  in- 
terests are  to  lie  promoted  by  our  sitting  with  closed  doors. 

M it.  Dowdki.i.  said  : 

Mr.  President — Two  propositions  are  before  the  Convention. 
The  one  by  the  gentleman  from  Tuscaloosa  [Mr.  .lemison,]  es- 
tablishes tin1  rule  of  secret,  sessions,  open  doors  the  exception. 
The  substitute  offered  by  the  gentleman  from  Russell,  [Mr]  Bfl 
Ker,]  would  establish  the  rule  of  public  sessions,  closed  doors  the 
exception.  I  shall  certainly  support  the  latter  proposition.  There 
will  be  hut  little  necessity  and  Very  few  occasions  for  going  into 
secret  session.  We  shall  have  nothing  to  conceal  from  our  own 
people:  all  our  discussions  on  subjects  in  which  they  are  vitally 
interested  should  be  public — these  will  be  numerous.  Let  them 
hear,  atid  let  the  country  know  ;is  speedily  as  possible,  the  temper 
and  principles  of  this  body.  We  speak  for  the  people  and  the  peo- 
ple should  hear  our  voice,  and  till  its  volume  with  the  great  cho- 
rus of  accord  ami  approbation.  I  am  willing  to  admit  that,  in  the 
progress  of  our  deliberations,  some  subjects  will  arise  connected 
witli  our  safety  and  defence  demanding  secrecy  and  dispatch.  We 
can  anticipate  such  occasions,  and  on  motion  go  into  secret  session. 
About  the  propriety  of  this  no  body  will  dispute.  We  are  con- 
tending against  a  wily  and  an  unscrupulous  enemy.  From  him 
I  would  conceal  all  that  we  do.  We  despair  of  changing  his  mad 
policy  by  appeals  to  his  reason,  and  we  arc  unwilling  to  notif\ 
him  of  defensive  plans  which  his  wicked  ingenuity  might  forestall 
or  defeat.  Open  always  to  friends — show  nothing  to  ari  enemy. 
Lei  1  hem  find  out  our  plans  in  their  development  and  execution. 
When  seen!  sessions  are  demanded  all  will  see  the  necessity,  and 
there  will  be  no  difficulty  in  closing  the  doors  at  any  time.  Bui 
let  OUT  deliberations  as  far  as  possible  be  open:  be  public.  01 
our  cause  we  are  not  ashamed  :    we  speak    to  the    world    in    behalt 

of  our  great  cause,  and  we  know,  thai  a  response  of  approbation 
will  come  up  from  true  and  patriotic  heart-  everj  where.  For 
these  reasons  I  shall  vote  for  tho  substitute,  and  I  trust  that  the 
<  Sonvention  will  adopt  it. 

Mr.   Baker,  of  Russell,  addressed  the  Convention,  briefly',  in 

favor  of  his  substitute,  admitting  the  propriety  of  closing  the  doors 
00  appropriate  occasions,  as  it  might   become  necessary  to  d  \- 
certain  questions,  when  expediency  and  the  public  good  <b  mand 
secrecy.      Mut.  as  a  general  rule,  he  thought  that  the  doora    hould 


Ifl  :.>KV     H?0    DKB 

ire  of  the  people  to  listen  to  our  disoussions 

mil-'  if  we  -ire  to  judge  I »y  the  manifestations  of 

rest  which  round  as.     This  desire  should  be  gratified, 

ml  a  just  regard  to  the  public  interest   ihould 

allow.     Not  only  bare  tin-  people  a  great  desire  t"  hear  and 

what  \~  going  mi  in  t!iis  body,  hut  tiny  have  the  right  to  hear  and 

■■I  this  right  sfcouLj  nut  he  abridcd.  except  IV. 'in  positive 

And  the  people  have  not  only  1 1 1 « -  right  to  see  ami 

tu  hear,  but  i  i  ■  :•  ast  t<>  be  -  aeus<  d,  if.  now  and  then,  under 

of  rapture,  which  may  sometimes  be  uncontrollable,  they 

should  give  utt  bo  their  feelings  in  such  demonstrations  as 

wi'  have  witnessed  to-day.     II.'  was  not  able  a4  ail  times  to  control 

.  be  was  willing  to  judge  others  by  himsejf. 

Mb.  Jos  i  b,  of  I. and.  rdale,  laid  : 

ur  with  the  gentletneo  from  Russell,  [Mr.  Baker,]  in  moat 
of  the  remarks  be  baa  just  submitted  t<>  the  Convention.  Like 
him,  I  believe,  thai  on  all  proper  -  the  people  should  be 

admitted  t.>  the  galleries  t<>  witness  the  action  of  their  representa- 

In  ti:  when  the  public  mind  is  deeply  moved  by 

-wh<  ii  expectation  is  on  tip-toe  to  catch  every  re- 
port in  reference  to  the  acti.ni  of  thi>  body,  armed  as  it  i>.  with 
powers  full  and  ample  i.>  tear  down  in  an  hour  the  Government 
under  which  we  were  born — it  Is* not  t.i  be  presumed  that  the  peo- 
pie,  interested  alike  with  us  in  the  great  drama  now  being  enacted, 
should  be  spectators  unmoved  by  the  sentiments  expressed  on  this 
floor. 

But,  air,  there  are  bounds  beyond  whiofa  the  exhibition  of 
thi>  feeling  should  not  go. 

The  boisterous  manifestation  of  applause  or  dissatisfaction  is  In, 
compatible  alike  with  the  dignity  or  this  body  and  the  calm  and 
thorough  investigation  of  the  momentous  issues  intrusted  t.i  us. 

The  gentleman  from  Russell  says,  "This  applause  should  not  be 
suppressd;"  he  says.  "That  when  men  feel  deeply  they  musfspeak 
•  ■ui,"     ■'  that,  it  is  customary  in  his  section  for  persons  when  they 
i  ohurob  and  gel  happy  to  shout  as  loud,  and  as  much  as  they 
please,  and  no  one  dares  object."     To  all  this  I  agree.     I  will,  how 
ever,  suggest,  that  the  great  Methodist  Churoh,  ofwbioh  1  am  an 
ide  pillar,  e. msider  this  a<  one  of  our  reserved  rights,  and  yet, 
we  limit  the  enjoyment  of  this  privilege  to  our  own  churches;  we 
always  quiet  when  in  the  house  of  our  Presbyterian  or  Episco- 
pal friends.     Nor  is  this  the  proper  house  for  the  manifestation  of 
popular  applau 


TIIK    CONVENTION     OF     ALAliAM  A.  l!» 

Mr.  Baker,  of  Russell,  said  : 

He  w;is  very  glad  to  learn  that  his  friend  from  Lauderdale  was 
a  member  of  the  church.  He  had  known  him  a  long  time  and  had 
never  suspected  it  before;  he  had  recently  met  him  at  one  or  two 
places  where  members  were  not  expected. 

'Mix.  Jones  rejoined: 

As  my  friend  From  Russell  is  an  old  member ^  I  should  like 
for  him  to  explain  how  he  met  me  there  without  being  there  him 
self  I  assure  him  that  I  am  not  yet  a  member,  hut  when  I  do 
join,  I  i'ear  T  shall  meet  my  friend  from  Russell  but  seldom,  for  I 
intend  to  keep  out  of  doubtful  company. 

This  discussion  was  coutinucd,  with  much  animation,  when  Mr 
Baker's  substitute  was  lost,  and  the  Convention  resolved  to  sit,  . 
a  general  rule,  with  closed  doors. 

SECRET  SESSION. 
Mr.  Watts  presented  the  following  dispatches  received  at  Mont- 
gomery, dan.  S,  1861,  hy  telegraph  from  Richmond. 

To  Gov.  A.  B.  Moore  : 

Our  friends  here  think  the  immediate  secession  of  Alabama,  not 
postponed  to  any  future  time,  would  exercise  a  favorable,  perhaps 
controlling  effect  on  the  Secession  of  Virginia. 

F.  M.  GILMER,  Jr., 
A.  V.  HOPKINS. 

Received  at  Montgomery,  Jan.  8th,  1861,  by  telegraph  from 

!'<  nsaeola. 

To  T.   II.  Watts  : 

Sec  Major  Chase.  Send  us  five  hundred  men  immediately.  L<  : 
us  know:  A    E.  MAXWELL 

E.  A.  PERRY. 

Received  at    Montgomery,  Jan.  8th,  1861,  by  telegraph    from 

Mobile,  Ala. 

To  Gov   A    B.  Moorb  : 

Shall  United  States  armed  vessels  be  permitted  to  enter  harbor 
ft'-...,  shall  they  be  Bred  or  ami  destroyed  ':     Bpedifie  instructions 

wanted      Th<v"  should  '■■•"t  enter,  i  Ise  our  forts  have  no  protection 

G.  B   i'i  v  u. 


\\l>    DEBATK8    <>v 

\]      \  \  •.    :  ,   tu  ••  ■  i   thai   ■  committee  of  one  bo  appointed  to 

rernor,  and  :_'et  any  information  he  may  have  in 

i  Vdopted,  and  Mr.   Kctohum  ap- 

ii im  returned  and  reported  verbally  thai  the  <i.>\- 
( rncr  would  make  o  communication  as  si  on  as  it  could  be  prepared 

TROgPS  TO  BE  SENT  TO  FLORIDA. 
Mr.  Cochras  following  resolutions : 

/,'  '.  Tli  it    i ';.•    I .  »i    of   this  State  U  I  and 

authorised  to  take  Buch  i  employ  such  measures,  as  in  bis 

_■■  ien(  may  be  di  to  protect  the  interest  of  the  people  <>t 

\lal  1  that  his  action  io  taking  temporary  >o  <>t' 

the  forts  and  arsenals  within  the  borders  of  Alabama  is  uppn 

I:  oable  the  Governor  to  carry  out  the  ob- 

of  the  preceding  n  solution,  the  slim  of  ten  thousand  dollars 

ia  hereby  appropriated  and  placed  at  his  disposal 

Mr.  1  trikc  out  all  after  the  word  "Resolved," 

and  in 

That  the  Governor  of  this  state  bo  instructed  to  accept  tfa 
-  of  five  hundred  Volunteers,  to  be.  placed  under  orders  of  the 
roor  of  Honda,  with  a  view  to  the  takin  in  of  the 

sola,  for  the  purpose  of  protecting  the  State  of  AJa 
rcion,  during  the  deliberations  of  thi* 
m  upon  the  question  of  resuming  the  sovereign  powers  of 
\  labama  ;  and  for  thi  .  ten  thousand  dollars  be 

appropiiat  ■  i  out  of  funds  in  the  Treasury. 

The  amen  Imenl   v.  .  1.  as  was'also  the  following  amen. I 

inent  offered  by  Mr.  I  >  \\\<.  w  : 

/.'     •      '.  That  the  citizens  of  this  State  who  have  volunteered 

for  the  defenc  .  or  who  may  volunteer  as  soldiers  under 

the  authority  of  our  si  holding  States  for  their  defence 

dsI  any  hostile  or  ooeroing  power,  shall  be  protected  by  the 

this  State,  against  any  proceeding  which  may  be  insti 

linst  them  by  the  Government  of  the  United  States  on 

that  account 

Mit.  «'i.i  mens  said:  That  he  doubted  the  power  asserted  in  the 
lution  to  appropriate  money;.    Bui  he  did  not  regard  that  as  im- 


THE  CONVENTION  OK  ALABAMA.  51 

portant  He  was  not  satisfied  that  there  was  any  real  necessity  for 
the  passage  of  the  resolution  at  all.  If  there  was  an  emergency,  he 
wduld  not  pause  to  inquire  into  smaller  matters  But  if  the 
resolution  was  pressed,  without  further  information,  he  should  be 
constrained  to  vote  against  it. 

M.R.  CoCHRAN,  after  earnestly  urging  immediate  action  on  the 
resolutions,  continued : 

There  is  no  necessity  for  delay,  no  wisdom  in  delay,  but  great 
folly.  Here  is  an  appeal  from  the  Executive  of  a  neighboring 
State,  urgently  requesting  our  aid.  The  Convention  of  the  peo- 
ple of  Florida  is  now  in  session.  They  must  be  permitted  to  delib- 
erate in  peace.  It  would  be  unjust  in  us,  under  the  circumstan- 
ces, to  pause  for  further  information.  To  doubt  the  existence  of 
the  necessity  for  this  aid,  as  requested  by  Florida,  would  be  an  in- 
dignity to  that  State.  Tf  the  aid  is  to  be  granted,  let  it  be  grant- 
ed at  once.  One  day's  delay,  and  all  may  be  lost.  In  emergencies, 
9UOh  as  those  which  now  surround  us,  all  success  depends  upon 
the  rapidity  of  our  movements.  "  Secrecy  in  council  and  celerity 
in  war,"  is  an  axiom  built  upon  the  experience  of  ages.  We  have 
adopted  the  one — let  us  carry  out  the  other.  Let  us  act  now,  and 
act  promptly. 

Ml?.  Kl.MV.Ai.  said  : 

Mr.  President — 1  am  unable  to  see  or  appreciate  the  necessity 
of  the  great  haste  of  the  gentleman  from  Barbour,  [Mr.  Cochran,] 
to  send  troops  to  Florida.  I  have  not  been  apprized  of  any  set- 
tled purpose  on  the  part  of  the  authorities  at  Washington,  to  wage 
immediate  war  on  the  South.  The  reverse  to  my  mind  seems  con- 
clusive. The  telegraphic  dispatches,  on  which  gentlemen  rely  for 
the  necessity  of  such  precipitation,  are  uncertain,  because  of  the 
great  excitement  in  the  public  mind.  In  this  sort  of  preparation, 
f  see.  as  1  think,  motives  in  this  matter  that  should  not  he  brought 
nto  the  consideration  of  this  Convention.  I  fear,  sir,  there  is  too 
:iv:it  anxiety  to  precipitate  the  country  into  hostilities.  This 
durst  is  replete  with  danger.  None  can  see  the  end  and  dire  con- 
sequences of  the  first  blow.  I  entreat  gentlemen  to  look  circum- 
spectly to  these  warnings.  The  people  of  Alabama  are  nol 
freed  from  the  burdens  of  taxation,  heavy  and  long  continued. 
It  certainly  would  be  ruinous  again  to  be  visited  with  another — 
perhaps  a  more  onerous  one.  If  this  thing  must  come,  let  the  peo- 
ple of  Alabama  know  thatit  has  not  been  the  result df  precipitan- 
cy or  the  recklessness  of  this  Convention.  Place  not  the  censun 
at  our  door. 


M  sident,  will  show  (ho  falla- 

take  Peneaeola,  at  an  expense  from 

the  treasury   ul    Alabama.     This  unn  i   on   oof 

ngthen  oar  nose  in  public  enti  matron      We 

thoald  l""k  t"  thai   pablie  opinion  as  (he  iheel  anobor  of  mir 

bern  cause      Therefore,  Mr.   Preai  Lent,  ire  should  Qoolljf  and 

j.:it i«  Mt  1%  irait  for  the  troubling  of  the  waters      \\  e  are  not  now 

in  actual  war;  whj  then  exhaust  our  treasury,  and  oool  the  ardor 

,r  aoldiers,  by  quartering  i  bem  in  the  sickly  regions  of  Florida, 

<\h<  a  there  is  no  tu  oeesity  for  it '.' 

Mu  Kimball  moved  to  refer  the  resolutions  t"  the  I  lommittec 
•i'  thirteen. 

During  the  pendenej  of  this  motion,  ■  oo— unioatton  vv;is  ro- 
1  imiii  the  Governor,  which  was  read  : 

ll\i  ■  1  ;  1  \  1.   I'i  PAH  i\ik\t,  / 

January  xth.  1  861.      | 

lion    W  1 1.1.1  vm   M.  BbO( 

/v.  'In   Convention  of  (In  State  of  Alabama* 

In  reply  to  a  verbal  communication  from  the  body  over  which 
vim  preside,  made  by  one  of  its'  members,  I   make  the  following 
ncnl      My  information  in  regard  to  Pensaoolu  is,  that  Gov- 
ernor Perry,  of  Florida,  bas  informed  me  by  dispatch,  thai  be  ban 
n  I  the  I  "i  ts  to  be  oooupied  by  the  troops  of  Florida,  and  asks 
from  Alabama,     The  foroe  at  bis  command  in  West  Florida  w 
small,  and  nol  Bufnci<  at  to  take  and  maintain  the  Forts.     Troops 
from  ooold  reach  the  point,  before  the  troops  of  Middle 

and  Baal  Florida.     This  fact,  with  the  importance  of  the  position 
lUbama,  as  srell  as  t"  Florida,  induces  him  to  make  the  re- 
quest, ss  I  am  informed.     It  i-  believed  at  Washington,  in  South 
Carolina  and  Georgia,  ss  I  am  advised  from  high  sources,  that  it 
il  only  the  polioy  of  the  Federal  Government  t<>  (.-Hirer  the  m1- 
oeding  Stair-,  but  as  Boon  ss  possible  to  put  herself  in  position  by  re- 
inforcing all  the  Forts  in  the  States  where  accession  is  expected. 
1  need  not  suggest  the  danger  to  Florida  and  Alabama  that  must 
ill  from  permitting  ■  strong  foroe  i"  gel  possession  of  theft 
I 

With  sentiments  of  high  consideration  and  respect, 

A.  B,  MOORE. 

Mb    W  mi-  said  : 

1  think,  ti  •■  mi ty  and  propriety  in  adopting  the  resolu- 


THE    CONVENTION    OF    ALABAMA.  53 

tions  at  onee.  The  Governor  of  Florida  may  have,  and  no  douto 
has,  assumed  responsibilities  similar  to  those  assumed  by  our  own 
Executive.  Forts  and  munitions  of  war  may  have  passed  into  tin 
possession  of  the  State  of  Florida,  which  should  be,  and  must  be 
retained.  Not  only  are  the  interests  of  Florida  involved  in  the  pro- 
position, but  also  the  interests  of  Alabama.  We  arc  here  for  the 
purpose  of  deliberating  on  the  gravest  questions  which  have  ever 
Iicen  presented  to  us.  Every  avenue  to  invasion  ought  to  be 
guarded. 

Ma.  Smith,  of  Tuscaloosa,  said  : 

3ft.  President — The  proposition  before  the  Convention  involves 
many  grave  and  important  questions.  The  resolution  contemplates 
an  act  of  war  ;  the  assembling  of  troops  to  aid  one  of  the  States  in 
some  fancied  or  real  difficulty  with  the  Federal  Government  ;  and 
thus  involves  the  more  serious  question  of  Treason  against  the 
United  States.  It  seems  to  me  that  an  hour  is  not  sufficient  time  to 
devote  to  the  investigation  of  such  a  proposition. 

But,  as  there  is  to  be  no  delay  granted,  I  cannot  permit  the  res- 
olution to  go  to  a  final  vote  without  expressing,  in  brief,  my  objec- 
tions to  it. 

First,  There  is  no  emergency  requiring  so  extraordinary  a  move- 
ment, so  far  as  we  are  advised.  If  gentlemen  propose  to  do  an 
act,  remarkable  in  itself,  and  even  revolutionary  in  a  military 
sense,  it  ia  incumbent  on  them  to  show  the  necessity.  There  is 
no  necessity,  and  the  answer  to  our  demands  for  evidence  of  the 
emergency  is,  simply,  the  Governor  of  Florida  requests  if. 

It  will  be  observed  too,  that  the  substitute  offered  by  the  gen- 
tleman from  Montgomery,  changes  completely  the  original  resolution, 
and  presents  a  new  design;  that  is,  that  the  troops  are  not  so  much 
for  the  aid  of  the  Governor  of  Florida,  as  to  protect  this  Conven- 
tion against  invasion  during  its  deliberations  ! 

Now,  sir,  I  ask,  is  there  the  slightest  apprehension  in  the  mind 
of  any  member  here,  that  this  Convention  will  be  invaded  during 
its  deliberations?  Yet,  that  is  now  the  ground  upon  which  the 
i .ion  is  urged  !     Is  there  not  something  specious  in  this  ''. 

Again,  sir,  1  oppose  the  proposition  because  it  seeks  to  en- 
large and  extend  the  powers  of  the  Executive-  I  hold,  that,  until 
the  act  of  si  01  ssion  is  consummated,  we  have  no  such  sovereign  pow- 
er as  enables  or  authorises  us  to  disturb,  in  any  way,  any  of  the 
various  departments  of  the  State  Government,  as  already  lodged 
by  the  ('(institution  in  particular  hands.  The  Constitution  has 
defined  and  limited  the  duties  and  powers  of  the  Governor  of  Ala- 
bama. We  h.i  yet,  the  authority  to  enlarge  or  extend,  or  re- 
strict those  powers. 


.'•  I  01 

.  hostility  to 

Tin:  Pw 

lemen   from    I  .  1 1 1  a  t 

tli'1  motion  now  pending,  to  refer  the  resolution' to  a  Committee. 
low  ;i  discussion  npon  the  merits  of  tl  tion. 

Mr.  Waits  asked  Leave  to  withdraw  Iris  motion  to  refer  to  u 
oittee  of  6eveq.     I  was   made,  and   Mr.   Cochran 

mov<  .      '•  •         have  leave  to  withdraw  his  ua  lion,  which 

:,  and  toe  motion  was  withdrawn. 

lid  : 

lie  hoped  the  a  would  be  oldsed  and  the  vote  taken  on 

tion  to-day.     The  minority  had  opposed  the  pa»sa« 
the  resolution  under  discussion  from  ;i  deep  b  nse  of  their  consti- 
i.il  obligations  to  keep  the  peace  of  the  country,  and  ta  lend 
their  aid  to   the  passage  of  no  hasty  measures  that   may  lead  to 
lahed,  and  therebj  close  the  way  to  a  peaceful  solution  of  toe 
questions  that  divide  the  twi  eotions  of  this  Government 

Having  done  tlii>,  whatever  may  be  the  result,  we  will  stand  ac- 
quitted by  the  record  of  responsibility  or  blame.  I>ut  be  was  un- 
willing to  go  farther  and  take  all  responsibility  from  the  majority 
by  obstructing  the  legitimate  course  of  legislation! 

:i.  that,  by  the  passage  of  thi>  resblutioo,  they  oau 
take  peaceful  a  or  the  forts  al   Pen  mure  the 

South  from  invasion  from  that  quarter,  and  thereby  prevent  Ala- 
bama I  r- 'Hi  becoming  the  "  cock  pit"  in  the  coming coufliot  between 
the  North  and  South. 

This,  if  true,  is  a  consummation  of  paramounl  importance  to  every 
citizen  of  Al  ibama. 

'I  he  majority  Bay,  that  unless  iliis  resolution  is  passed  to  day,  it 
will  be  u  thai  every  hour  of  delay  tends  to  render  it.  so. 

Why,  then,  postpone  until  all  pro  I  will  be  destroyed, 

ami  <»nly  evil  result  '.'  The  majority  were  anxious  to  assume  this  ra- 
il lit)  :  and  il  they  could  Becuro  our  people  from  invasion,  and 
u  Herds  from  being  desolated  by  hostile  armies,  he  was 
astain  their  notion  ami  applaud  their  foresight  and  cour- 
il     believed  thai  this  move  would  cud  in  a  waste  of  time 
and  mooe;  •  saw  no  propriety  in  delay  whieh  would  insure 

that  result     He  asked,  therefore,  that  the  vote  might  be  taken 


THK  CONVENTION  OF  ALABAMA.  55 

The  vote  was  taken  upon  the  first  resolution,  and  it  was  adopted 
by  f>U  to  45,  ordered  to  be  engrossed  by  the  Secretary  and  sent 
forthwith  to  t lie  Governor. 

Ou  motion  of  Mr.  JEM1SON,  the  second  resolution,  [Mr.  Dar- 
gan's  amendment,]  was  ordered  to  be  referred  to  a  select  committee 

of  five  to  be  appointed  by  the  President. 

And  the  Convention  adjourned  until  to-morrow,  10  o'clock,  A.  M 


JANUARY  NINTH— THIRD  DAY— SECRET  SESSION. 

On  motion  of  Mr.  COCHBAN,  Hon.  H.  L.  BENNING,  of  Georgia, 
was  invited  to  a  seat  within  the  bar  of  the  Convention. 

Mu.  SnORTRIDQE  offered  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  the  lion.  J  AMES  L.  PUGn  and  Hon.  J.  L.  M. 
Cuiu:v  be  requested  to  communicate  to  the  Convention,  in  writing, 
nny  facts  or  information  which  may  be  in  their  possession  touch- 
ing the  aetioii  of  Congress,  and  the  purposes  of  the  Black  Repub- 
lican party,  which  will,  in  their  opinion,  tend  to  aid  this  body  in 
its  deliberations. 

Mi;.  DaVIS,  of  Madison,  offered  the  following  resolution  : 

Resolved,  That  whatever  Ordinance  this  Convention  may  adopt 
in  its  final  action,  contemplating  or  providing  for  a  severance  of 
the  State  of  Alabama  from  the  Federal  Government,  ought  to  be 
submitted  to  the  people  for  ratification  or  rejection. 

Mi:.  Cochran  moved  to  lay  the  resolution  on  the  table,  but 
withdrew  it,  at  the  request  of  Mr.  BAKER,  of  llussell,  for  explana- 
tion ;  and  Mr.  Baker  renewed  the  motion. 

'1  he  ayes  and  no<  -;  w<  re  called  for,  and  resulted,  ayes  53  noes  40 

Those  who  voted  in  the aifirtnative  aw — MeBsrs.  President,  Buily, 
Baker, of  Russell,  Baker,  of  Barbour,  Barnes, Beck,  Blue,  Boiling. 
Bragg,  Catterling,  Clark  of  Marengo,  Cochran,  Coleman,  Craw- 
ford, Creech,  Crook,  Curtis,  Daniel,  Dargan,  Davis,  of  Covington, 
Davis,  of  Pickens,  Dow  dell,  Poster,  Gibbons,  Gilobrrat,  Hawkins, 
Elenderson,  of  Macon,  Henderson,  of  Pike",  Herndon,  Howard. 
Humphries,  ■'  (etch  urn,   Love,  McClanahan,  McPhcraon, 


Mc-Kituji  »wens,   Phillips,   Rives,   Ryan,  Shortrid 

,.  Starke,  Stone,  Watts,  Webb,  Whatley, 
Williamson,   Vai       .   STelvertou — ■>'■' 

•  1  in  the  negative  are — Messrs.  Allen.  Barclay, 

,-      .    Bulger,  Clarke,   of  Lawrence,  Coffey,   Cotflaa, 

pier,  Davis,  of  Madison,  Earnest,  l&dwards,  Fordj  Forrester, 

Franklin,  Gray,  Green,  Guttery,  Hood,  loser,  Jemison,  Jones,  of 

.  of  Lauderdale,  Johnson,  Kimball,  Leonard,  L 
\I,'(  :,  Han,  I '■>  •■•  .  Potter,  Russell,  Kails.  Sanford,  Sheets,  Sheffield, 
Smith,  of  Tuscaloosa,  Slaughter,  Stedham,  8teele,  Taylor,  Timbev- 
.  Watkins,  Whitlook,  Wilson,  Winston  and  Wood-  46. 
Mh  CI<  i  :|t  and  no!  voting. 

Mu.  I  take  from  the  table  the  reports  from 

-  to  the  Blaveholding  States,  as  communicated  by 

or.      Carried. 

Mit.  II. \ Ki.ii.  of  Russell,  moved  to  Lr«>  into  open  session. 

Mr.  Do  wdell  moved  an  amendment,  that  when  this  Convention 

.-  in  lion,  the   flag   of  Alabama   shall   bo   raised   from   the 

Capitol.     The  amendment  was  accepted,  the  motion  adopted,  and 

of  the  ('invention  opened. 

OPEN  BES8I0B 

Mb.  i>i  LOEB  introduced  the  following  preamble  and  resolu- 
tion.-, which,  on  his  motion,  were  referred  to  the  Committee  of 
Thirteen  : 

Win  i;i.\-,  Anti-Slavery  agitation,  persistently  continued  in  the 
oholding  States  oi'  this   Union  fpr  a  long  series  of  year.-, 
nl  in  tl  otion  was  triumphant  in  the  election  of  a  Presi 

who  gym  with  the  enemies  of  Domestic,  or  African 

•  iy.  thereby  rendering  our  property  and  our  institutions  inse- 
cure ;  and 

Whebeas,  we  have  been  summoned  together  in  Convention  to 

. .  determine  and  to  do  whatever,  in  the  opinion  of  the  said 

Convention,  the  rights,  interest  and  honor  ef  the  State  of  Ala- 

.  require  to  be  done  for  their  protection  ;" 

And,    WHEREAS,    This    Convention,   taking    into   consideration 

tuation   of  the   country,  as   well   as    reflecting   on 

darming  oiroumstanoes  b\  which  we  are  surrounded,  can  no 

I  »ubl    that    the   crisis  is  arrived,   at   which   the    conserv- 


THE    CONVENTION    Of    ALABAMA.  -r>? 

ative  men  of  the  United  States  are  to  decide  the  solemn 
question,  whether  they  will,  by  wise  and  magnanimous  efforts,  se- 
cure and  perpetuate  the  blessings  of  a  Union  consecrated  by  the 
common  blood  of  our  fathers;  or  whether,  by  giving  way  to  un- 
manly jealousies  and  prejudices,  or  to  partial  and  transitory  inter- 
ests, they  will  renounce  the  auspicious  blessings,  prepared  for  them 
by  their  Revolutionary  fathers,  and  furnish  to  the  enemies  of  free 
government  an  eventual  triumph  ; 

Ami.  WHEREAS,  The  same  noble  and  extended  policy,  and  the 
same  paternal  and  affectionate  sentiments  which  originally  deter- 
mined the  citizens  of  the  independent  colonies  to  form  a  con- 
federation, and  the  people  of  the  States,  afterwards,  to  form  a  more 
perfect  Union,  cannot  but  be  felt  with  equal  force  now.  as  motives 
to  lav  aside  every  inferior  consideration,  and  to  concur  in  such 
further  provisions  as  may  be  found  necessary  to  secure  every  sec- 
tion of  our  vast  country  in  all  their  just  rights,  and  throw  around 
the  weaker  portion  (the  Southern  States,)  such  guarantees  as  will 
make  them  to  re-t  scourely  in  the  Union,  and  restore  peace  and 
quiet  to  the  country; 

Tin  ri/nn ,  t„   if  Resolved,  That   separate  State  secession,  in  the 
present  emergency,  is  unwise  and  impolitic;  and  Alabama  will  not 
de  without  first  making  an  effort  to  secure  the  cooperation   of 
the  Southern  States. 

Rcsoloed,  lid,  That  the  Convention  invite  each  of  the  South- 
ern (Slaveholding)  States  to  meet  the  State  of  Alabama  in  a  Con- 
vention of  Delegates,  equal  in  number  to  the  several  Uepresenta- 
tives  in  the  Congress  of  the  United  States,  at  on  the 

1  iv  of  for  the  purpose  of  consideration  and  agreement  as  to 

the  wrongs  that  we  suffer  in  the  Union,  and  the  daugers  that  we 
are  threatened  with;  and  to  determine  what  relief  we  will  demand 
for  the  present,  and  security  for  the  future;  and  what  remedy  we 
will  apply  if  our  just  demands  are  not  complied  with. 

Resolved,  3d,  Thai  the  President  of  this  Convention  be  request- 
ed to  forward  forthwith,  by  the  most  speedy  conveyance,  a  copy 
of  this  preamble  and  resolutions  to  the  Governors  of  the  several 
Southern  States,  with  a  request  that  they  give  them  such  direc- 
tion a-  will  be  most  likely  to  secure  the  object  desired,  to  wit: 
I'he  cooperation  of  all  the  Southern  States,  in  securing  their  rights 
in  the  I  iiion.  or  establishing  their  independence  out  of  it. 

\II»  TO  THE  SECEDING  STATES  A.GAINST  COERCION 
Mr.  CoLKMAN  introduced  the  following  resolution: 
Rrsolced  by  (he  /»>>/,/,  of  the  Stale  of  Alabama  in  Convention 


f>8 


.1      IM.     DK1IAT1 


power  of  this   Slate,    to  aiil    in 

i  su  ttempi  u]  I'ti  the  pari  oftke  United  States  of  Ameri- 

m  res  any  of  the  w  <•<  ding  Sti 

Mi    1>.\\  .    moved  to  refer  the  resolution  to  the 

I  hirteen. 

BMI  -.'lid  : 

iw  do  oeoeasity  for  ■  reference;  be  nought  the  resolution. 
i    _-ht  to  be  passed,  and  passed  promptly.     The  cause  of  South 

•hut  w.i-  the  cause  of  Alabama;  indeed,  Of  the  whole  South; 
bat  particularly  were  the  Btatei  thai  epntemplated  secession,  in 

-v,l  in  sii-tainiiiLT  each  other.      Alabama  cannot  stand  by  and 

-  •  i  •  ■•  Deed  against  ■  seoediog  State.     It  would,  continued  Mr, 

Beck,  be  the  polioy  of  the  Federal  Government  to  conquer  the 

~m  detail.  They  most,  therefore,  sustain  each  other.  This  mat- 

t  r  was  well  UHlerstOod  in  Virginia,  who,  though  she  had  taken  no 

towarda  leeeaaion,  had  already,  through  her  Legislature,  re- 

i  d  almost  ananimonely,  ,n;,t  ■»>  would  resist,  by  fbroe,  any 

mpt  to  coerce  a  seceding  State.  We  owed  it  to  ourselves  and 
to  the  position  ere  now  occupy,  not  to  be  behind  Virginia  in  giv- 
i  _•  prompl  expression  to  our  determination  to  stand  by  and  uphold 
the  SCCcding  States  in  their  effort)  to  rcsi.-t  Black  Republican  rule. 

Mr.  .Johnson  said  : 

Mr.  J'nsiih  ut  —  The    last    sessions   of   this   body    having    been 
J    Id  in  scent,  forbids  an  allusion  in  detail  to  its  action,  and  hence, 

i  ut  reaasna  irhieh  mi-ht  otherwise  be  offered  ia  favor  of  a  ret 

e  of  this  motion,  are  precluded'. 
Without  expressing  any  opinion  as  to  the  policy  embodied  in 

the  resolution,  1  think  it  would  be.  under   the   circumstances,  dis- 
courteous to  the  minority  to  preSl  it   upon    them  at  this   time;   and 

particularly,  as  it  would  have  the  effect  of  planing  them  in  a  false 
ion  before  the  country.  1  hope,  therefore,  the  resolution  will 
(erred  at  the  Committee  of  Thirteen. 

Mr.  StOKI     >aid  : 

Mr.  President — 1   fully  concur  with  the  gentleman  from  Mont- 
ery,  [Mr.   Yancey,]  in    the  propriety  of  immediately   passing 

the  resolution  now  under  consideration."     All   the  powers  of  the 
State  of  Alabama  should  be  pledged  to  aid  in  resisting  any  at- 


THE  CONVENTION  OF  ALABAMA.  .">{) 

tempt,  to  coerce  a  seceding  State  back  into  the  Union.  Sir,  the 
Southern  States  recognize  the  right  of  secession.  It  constitutes 
the  very  essence  of  State  sovereignty,  and  is  inseparable  from  it. 
A  State  is  the  best  and  sole  judge  of  her  own  grievances,  and  as 
a  party  to  the  Federal  compact  must,  herself,  decide  in  the  last  re- 
sort "as  well  of  the  infraction  as  of  the  mode  and  measure  of  re- 
dress." If,  in  her  sovereign  capacity,  she  determines  to  resume 
her  independence,  can  we,  who  hive  a  common  interest  in  the  pro- 
tection of  this  right,  look  calmly  on  and  see  her  invaded  by  Fed- 
eral soldiers  ?  Sir,  the  Convention  which  framed  our  Constitution 
expressly  refused  to  grant  to  the  General  Government  the  power 
to  employ  force  against  a  State.  The  States  came  into  the  Union 
'•  free,  sovereign  and  independent."  They  have  never  parted  with 
their  freedom  or  sovereignty.  They  established  a  Government  to 
act  as  their  agent;  and  now,  to  permit  that  agent  to  employ  force 
against  the  States  would  be  to  sanction  the  grossest  usurpation.  It 
would  be  converting  the  Government  into  a  despotism,  Sir.  the 
Union  was  never  intended  to  be  preserved  by  force  The  fact 
that  the  power  to  employ  force  against  a  State  was  refused  in  the 
Convention  which  framed  the  Constitution,  proves  that  those  who 
constructed  our  Government  knew  that  it  could  not  be  maintained 
by  force.  Of  what  value  would  the  Union  be,  if  the  States  compos 
ing  it  had  to  be  reduced  to  obedience  by  the  strong  arm  of  milita- 
ry power  ?  The  permanence  and  security  of  our  Government  de- 
pend alone  upon  the  principle  of  common  affection  and  common 
interest.  Force  is  the  last,  argument  of  kings,  and  cannot  keep 
these  States  together.  If  then,  we  recognize  the  riuht  of  secession, 
and  intend  to  maintain  that  right  against  any  power  that  may  rc- 
sist  its  exercise,  why  not  so  declare  by  passing  this  resolution  ? 
This  course  will  give  encouragement  to  our  Southern  Bisters  It 
will  give  strength  to  the  Southern  cause.  It  may  secure  pi 
If  the  Government  at  Washington  is  informed  that  the  coercive 
policy  with  which  Smith  Carolina  i.s  now  threatened  will  be  reeisl 
ed,  and  that  the.  6rs1  Federal  gun  fired  against  Charleston  \\\\\ 
summon  to  the  field  every  Southern  man  who  can  hear  arms,  it 
in  iv  produce  a  peaceful  solution  of  the  pending  difficulties.  If  it 
should  not,  then  the  responsibility  will  rest  alom  upon  our  as  ail 
ants.  All  we  can  now  do  is  to  warn  them  against  Che  madness  .  I 
attempting  coercion.  We  wish  peace — we  do  not  intend  to  pr 
vokc  war — we  shall  act  on  the  defensive.  But  if  war  is  f 
upon  us,  our  enemies  should  know,  that  the  Southern  States.  whoSi 
rights,  whose  honor,  and  whose  independence  arc  alike  at  stake, 
intend  to  stand  side  by  side  vi  the  contest,  prepared  to  make  com 
raon  cause  and  to  meet  one  common  fate. 


BTOTORY    wi>  -    <>K 

M  lid: 

examined  the  resolution  of  the  Hon.  gen- 
r,  and   noxiously  listened  to  the  arguments 
friends  of  the  measure  with  the  object,  if  I  could,  to  vote  for 
the  n  solution. 

I  :nii  doI  prepared  to  condemn  the  action  of  our  Governor,  or  of 

nil.  in' n  for  whose  benefits  the  resolution  is  intro- 

i  ii  fact,  from  the  force  of  circumstances  with  which  they 

e  Burrounded,  I  must  say  that  I  commend  their  aotions,  for  if' 

!,  ii  has  been  on  the  Bide  of  their  country.      I  ful- 

ctrine,  thai  ;i  sovereign  State,  acting  in  hersov- 

pacity,  can  withdraw  or  secede  from  the  Unionj  and  that, 

after  that,  any  acts  she  orher  citizens  may  do,  to  protect  her  rij 

ml  licr  independence,  even  to  bloody  war,  isnotand  can- 
not be  trees  n.     Bui  the  State  must  act  in  her  sovereign  capacity] 
no  ..tli.  r  act,  by  any  body  or  individuals,  can  withdraw  her  from 
Union  or  i  from  the  laws  of  treason,  if  overt 

immitted  by  the  citizen  or  the  State  against  the  General 
crnment     Entertaining  these  views  of  Constitutional  rights 
and  individual  i  ighta,  I  am  estopped  from  voting  lor  the  resolution. 
il  n  gentleman  from  Montgomery,  [Mr.  Yancey,]  has  made  an 
aious  argument,  an  appeal  to  members  on  this  floor,  predicated 
oo  the  resolution  of  the  Virginia  Legislature.     I  reply  to  the  Hon. 
■  lemon,  by  saying,  that  resolutions  are  harmless  things  when 

i  by  overt  acts.  Such  was  the  case  of  the  Virginia  resolu- 
tion. Hut  very  far  from  that  is  our.  situation.  This  resolution  is  intn  - 
duoed  to  cover  arts  of  hostility — acts  that  amount,  unexplained, 
not  to  a  declaration  of  war  only,  but  to  war  itself.  Hence,  to  vote 
for  tin-  resolution  is  only  to  Bubject  us  to  the  penalties  df  treason, 
without  aiding  those  for  whose  benefit  those  resolutions  are  intro- 
duced. 1  confess,  Mr.  President,  that  since'  we  met  lure,  my 
mind,  as  to  expediency,  has  undergone  a  greal  change.  And 
while  I  cannot  vote  for  the  ordinance  of  secession,  1  believe  that 
lb  a  majority  of  tbis  Convention  that  will  pass  the  ordinance, 
and  therebj  Bever  our  allegiance  from  the  General  Goiwnment. — 
That  being  done,  my  all  i    due  alone  to  the  State  of  Ala- 

bama, and  in  me  she  shall  find  no  laggard  or  lukc-warm  friend. — 

Aa  my  allegiance  is  now  due  to  the  United  States,  1  can  do  no 
act  inconsistent  with  that  relation.  No  one  regrets  more  than  1 
do,  'he  Con  titutioftaJ  barrier  that  prevents  me  from  vptingforthe 
resolution.  I  have  already  intimated  that  the  course  of  pur  Gov- 
r,  ami  the  patriotism  of  our  volunteers  find  no  condemnation 
in  in.',  but  .i-  peace  measures  1  approve  them  as  eminently  wise 
and  prudei 


THE    CONVENTION    OF    ALABAMA.  I>1 

Mr.  Morgan  said  : 

Mr.  President — The  resolutions  adopted  on  the  first  day  of  this 
session,  by  the  unanimous  voteof  the  Convention,  leaves  us  no 
alternative  bul  resistance  to  the  attempt  to  place  the  United 
Stales  under  the  Government  of  the  Black  Republican  party.  1 
entertain  no  doubt  that  this  resistance  will  be  accomplished  bv 
the  withdrawal  of  this  State  from  the  Union.  1  >u  t  the  question  IS 
still  open  as  to  the  mode  of  resistance.  It  does  not  follow,  from 
the  adoption  of  the  Resolution  of  the  gentleman  from  Sumter. 
that  we  are  confined  to  any  special  mode  of  resistance,  or  resist 
ance  at  a  particular  time.  But  this  does  follow:  that  no  seceding 
State  should  be  coerced  or  conquered,  whether  we  remain  in  the 
Union  and  fight  abolitionists  and  abolitionism,  or  whether  we  with- 
draw. 

The  question  is  not  debateable,  whether  blood  should  he  shed 
iua  Southern  State,  with  impunity.  l>y  a  people  whom  \\e  consid- 
er as  oppressors.  The  people  of  Alabama  have  asserted,  in  their 
written  Constitution,  under  which  they  Were  admitted  into  the 
Union  as  a  State,  that  "all  political  power  is  inherent  in  the  peo- 
ple, and  all  free  governments  are  founded  on  their  authority , and 
instituted  for  their  benefit,  and.  therefore,  they  have  at  all  times 
an  inalienable  and  indefeasible  righl  to  alter,  reform  or  abolish 
their  form  of  government  in  such  manner  as  they  may  think  ex- 
pedient.'* 

If  we  had  thought  of  confining  this  declaration  aloiie  to  the  peo- 
ple of  Alabama,  or  had  intended  to  deny  its  application  to  even 
other  State  of  the  I  nion,  we  should  have  entered  that  Union  not 
as  the  equals,  hut  as  the  superiors  of  the  other  States  ill  political 
rights.  We  have  not  keen  guilty  of  such,  arrogance.  Upon  our 
own  doctrines,  then,  the  people  of  South  Carolina  are  fully  justi- 
fied in  "altering  or  abolishing  their  form  of  government."  Bui 
f  am  persuaded  that  I  need  not  go  into  an  argument  to  establish 
ihe  right  of  South  Carolina  to  secede,  as  a  predicate  for  tie'  clear 
duty  of  Alabama  to  aid  her  in  her  defence  against  hostile  flee*sor 

armies.  W  e  are  one  people,  ami  can  never  be  dissevered.  Eve- 
ry interest  and  sympathy  that  can  unite  twopeopl  s  arc  wrought 
into  the  golden  chain  by  which  we  are  found  together.  The  so* 
on  of  South  Carolina  will  naturally,  and.  in  time,  inevitably. 
lead  to  the  secession  of  Alabama.  Bui  it'  OU  '  9  »  --ion  is  for  the 
tine'  retarded  or  prevented  by  an  unmatured  course  on  our  part. 
still  our  !  ur  interests,  our  duty,  will  foroe  us  to  declare 

that  all  the  power  and  resources  of  men  and  means  within  the 
control  <if  Alabama,  are  pledged  to  the  defence  of  every  seceding 
State  affainsl  coercion  by  the  United  States  Government. 


<;_'  HISTORY    \ni>    nKPATKS   0* 

If  we  are  unable  to  withdraw  from  the  Union,  we  will  be  able 
and  free  government.     In  the  Union 
.  war  upon  Sou£h  Carolina  ia  a  war  upon  Alabama, 
u  hen  it  is  needed,  and  lei  us  now  pre- 
fer it.     VVc  may  force  a  war  upon  South  Carolina  by  refus- 
lo  align  ourselves  with  her.     We  may  refuse  to  shelter  her 
until  her  enemy  will  cease  to  fear  her  power  of  resistance,     W  i 
r  bj  our  hesitancy,  at  the  moment  whendecisiv< 

■:  butwc  cannol  see  the  blood  of  her  sons 
mflict  for  right,  and  against  oppression,  and  refuse  to 
upon  our  veins  in  her  cause. 

The  effect  of  the  resolution  is,  that  Smith  Carolina  may  recruit 
]i  ;  armies  in  A I  aha  ma.  and  that  our  treasury  shall  stand  open  to 
her  deman  Is  bo  long  as  Bhe  shall  need  the  means  of  defence  and 
protection.     S  mnot  shut  the  treasury  against  her.     5f< 

close  the  door,  but  the  treasure  will  flow  with  accelerated 
freedom  from  the  pockets  oi  the  people.  No  army  could  be 
placed  along  our  borders  to  prevent  our  soldiery  from  swarm- 
ing to  the  standard  of  the  Palmetto.  The  mothers  of  our  coun- 
try would  be  the  recruiting  Bergeanta  for  South  Carolina,  and  the 
lathers  would  curse  those  children  who  Bhould  hesitate  to  Bpring 
to  their  guns  in  \*<r  defence.  There  ran  be  no  valid  reason  win 
we  should  not  at  once  assume  this  attitude,  and  announce  our  R< 

olution.  The  argument  of  precipitancy  is  constantly  employed  to 
cli  ck  everj  inovemeul  in  this  direction.  Some  persons  may  be 
inclined  to  summary  and   decided  Bteps,  but  this  is  not  precipi- 

It   is  a  Bound  calculation,  deliberately  made,  thai  there 
re  to  I"-  lost  than  there  is  to  be  gained  by  delay.     This  posi- 
tion is  true   beyond  question.     The  Northern  States  are  hastily 

pledging  themselves  to  contribute  men  and  m j  to  aid  them  in 

ing  the  seceding  States.     Perhaps  their  haste  in  making  the 
pledge  will  stand  in  singular  contrast  with  their  haste  not  to  ful- 
fil the  promises.      But   whether  the}    would /badger,  us,  or  wheth- 
er they  are  in  sofemn  earnest,  we  should  attribute  to  them  at  least 
p  Ctable  inclination  to  do  as  they  promise.      This  is  a  matter 
>s  ill  not  admit,  of  delay.      It'  we  remain  in  t  he  Union  we  will 
iponthe  principles  of  the  resolution  under  discussion.      It'  we 
withdraw,  we  should  lose  the  bappy  moment  to  give  our  e\i- 
d      e  of  our  magnanimity,  unless  we  pass  the  resolution  now. — 
\    er  we  are  out  of  the   Union,  we  might  have  many  reasons  for 
a  lopting  such  a  resolve,  in  which  we  would  not  be  wholly  disinter- 

It  has  fall)  n  from  the  lips  of  a  friend  of  secession,  in  the  course 
of  this  debate,  that  he  would  rather  secede  today  with  a  majority 


TIIK    CONVENTION     OK    ALABAMA.  63 

of  one,  than  to  wait  until  next  Saturday  and  secede  with  a  large 
majority.  I  fully  appreciate  and  applaud  the  zeal  which  prompt 
cd  this  declaration,  but  1  take  occasion  to  dissent  entirely  from 
the.  position  assumed.  1  would  prefer  to  delay  the  secession  cf 
Alabama  one  month,  or  until  some  new  danger  should  appear  to 
follow  from  delay,  and  go  out  with  twenty  majority,  than  to  go 
out  to-day  with  oik1  majority.  I  cannot  distrust  the  position  of 
the  delegates  opposed  to  me  in  opinion,  as  to  the  time  and  man 
net-  of  secession,  until  1  am  forced  to  do  so.  They  have  all  dec- 
lared for  resistance.  There  is  no  submissionist  amongst  them, 
if  their  votes  are  any  evidence  of  their  opinions.  Moreover,  this 
State  is  divided  in  policy  by  a  geographical  line:  no  line  divides 
us  on  the  point  of  duty  and  honor.  I  wish  to  erase  that  line; 
and  we  will  see.  no  more  of  it  after  we  have,  withdrawn  from  the 
Union,  unless  we  grave  it  upon  the  map  with  our  own  hands. — 
The  people  of  the.  mountains  have  been  represented  as  being  very 
decided  in  their  opinion  on  the  questions  of  the  time  and  manner 
of  secession.  1  do  not  doubt  it.  It  was  my  fortune  fo  bo  raised 
amongst  the  people  of  the  mountains,  and  I  can  bear  witness 
that  they  are  an  earnest  and  brave  people.  But  love  of  country 
is  with  them  a  religious  sentiment.  The  State  has  many  perils 
to  encounter  yet,  and  you  will  find  that,  in  her  greatest  agony, 
she  will  repose  faithfully  upon  the  hearts  of  these  people.  They 
will  never  deceive  the  State.  These  men  will  pour  like  torrents 
into  the  army — the  best  and  bravest  of  men.  I  wish  to  hold 
free  counsel  with  these  delegates  on  this  floor,  and  am  determin- 
ed, if  this  is  not  the  case,  the  fault  shall  not  be  mine.  If  they 
want  time  to  consider,  to  debate,  to  hear  from  their  people,  they 
must  have  time.  If  they  want  time  to  betray  me  into  submis- 
sion, they  shall  not  be  deceived  i:i  me,  but  I  shall  be  grossly  de- 
ceived iii  my  estimate  of  them.  But,  sir,  there  is  no  evil  spirit 
of  deception  here,  and  I  allude  to  it  only  to  repel  the  idea. 

Let  us  pass  the  resolution,  and  our  enemies  will,  at  least,  form 
correct  opinions  of  our  condition  and  sentiments. 

Mil.  .1  KMISON  said  : 

Mr.  /'resident — 1  see  no  necessity  for  immediate  action  upon 
the  resolution.  We  have  no  reliable  information  on  which  to  act. 
[Hon.  Mr.  Dowdell  read  a  dispatch,  saying  hostilities  had  com- 
iii  (need,  &C.J  Yes.  we  have  various  telegrams,  the  authenticity 
an  I  reliability  of  which  seem  to  be  confided  in, and  are  fully  satis- 
factory to  gentlemen  of  the  majority.  But  as  for  myself,  being  no 
wire-worker,  and  having  nothing  to  do  with  the  working  of  wires 


i>1  lUbTOin      VM  5    OJ 

in  Uji»'    Javsol  telegraphic  information,  I  am  dispose  J  to  qucs- 

nucli  >>!'  w  hat  we  hear.     The  aims  are  made 

appropriate  for  effect.      The)  keep  the 

f  excitemenl ;  aud,  for  w  batevor 

tiou  here,  wo  have  a  telegram  suited  to  the 

in  argument  is  supplied  b)  tolo- 

l»o  reasoned  into  a  measure,  we  musl   be 

We  an-  kepi  by  these  read)  and  continued  rii- 

of  excitemenl  and  alarm,  that  hi  a  good  degree 

(counsels.     I  was  brought  up.  M  . 
i  idian  frontiers  m  here  we  \\  ere  subject  to  frequent 
..ill  attacks  from  i  irties.     I!\  common  consent 

:  i!  understanding,  my  father's  house  «  as  tin-  place  of  ren- 
.  alarm.     We  had  no  telegraphs  in  those  days, 
.  re  not  with' iut  news. a  i,  ■liters,  who  delighted  hi  getting  up 
li.nl  very  man)  alarms.     lam  reminded, 
Kcitements  frequently  caused  amongst  us  l>\   telegrams, 
during  these  border  alarms,    when    I 
boy.     At    a   dead    hour  of  a    beautiful  moonlight 
slumbers  of  the  famih    were  broken  by  a  general  in- 
the  neighbors,     The)    eamc  in  all  manner  of  style  : 
some  half-dressed,  and  dome  scarcely  dressed  at  all. 
■  itemenl  and  confusion.     This  pi  rson  was  kill 
•hat  famih  massacred  :  ii"t  one  left  t<>  tell  the  details  of  the 
rid  and  heart  rending  tragedy.      \'  length,  two  of  the.  party, 
.;  incredulous,  determined  to  visit  the  scenes  of  reported 
.-!,t   -      The  first  place  visited  was  where  a  negro  woman  was 
I  as  killed,  who  was  found  so  dead  asleep  'hat  she  w  as  not 
:  been  left  alone  on  the  place.     The  next,  was  where 
ind  had  abandoned  an  invalid  and  bed-ridden  wife,  whom 
ported  as  killed.     They  found  her  also,  but  suffering  all  the 
.1  horrors  of  the  tomahawk  and  scalping  knife.     Thcncxt 
•  place  visited  was  where  the  whole"  famih  was  reported  as 
hered ;  there  all  was  quiet  and  safe,  the  famil)  had  beard  noth 
iag  of  their  danger,  ami  were  rejoiced  they  had  escaped  the  indis- 
inate  massacre  allotted  to  them  \,\  Madam  Rumor.     [Here 
■iii  I  ei  1 1  an  from  Chambers  remarked,  that  the  dispatch  he  had 
I.  the  firing  of  guns  had  been  heard.]     Yes,  Mi-.  I'' 
firingofguns  heard  in  the  easel  have  related.     With 
ithem  ofmj  father's  hands,  I  had  that  day  been  ongagod  in  firing 
i  hiekon  trees,  in  a  second  year's  new  ground,  to  burn  them 
lowi  and  burn  them  out  oftheway.     When  the  alarm  was  start- 
had  just  L'ot  into  a  t'air  wa\  of  falling  !     The  exeited 
md  people  supposed  thej  heard  the  firing  bj  platooi  s, 


THE  CONVENTION  OF  ALABAMA.  (»f) 

I  would  not  be  understood  to  say  there  is  no  danger  of  hostili- 
ties between  State  and  Federal  troops  ;  l>ut  I  do  intend  to  say,  I 
believe  that  the  prospect  of  immediate  collision  is  magnified  ;  thai 
the  aid  of  the  wires  has  been  evoked  to  operate  on  our  prejudices 
and  our  t'eai's.  I  am  therefore  in  favor  of  the  reference.  I  am  not 
disposed  to  be  hurried — see  no  reason  for  hasty  action.  A  refer 
enee  is  more  likely  to  result  in  harmonious  as  well  as  prudent  ac- 
tion. 

Mr.  Jones,  of  Lauderdale,  said  : 

He  was  sorry  the  gentleman  from  Sumter  had  introduced  these 
resolutions;  they  could  lead  to  no  practical  good,  and  would  only 
consume  the  time  of  the  Convention  in  useless  discussion.  lie 
was  placed  in  a  position  of  great  delicacy,  and  hoped  the  resolutions 
would  be  referred  to  the  proper  committee  and  not  be  pressed  to  a 
vote  now. 

There  was  no  necessity  for  the  hot  haste  manifested  by  the  gen- 
tlemen of  the  majority.  There  is  no  hostile  army  battering  at  the 
gates  of  Charleston — no  invading  foe  desecrates  her  soil.  There 
is  no  voice  from  that  quarter  demanding  our  aid — there  is  no 
money  wanted,  no  munitions  of  war  needed,  no  soldiers  asked. 
The  resolutions  are  at  best,  but  an  empty  profession — a  meaning- 
less tender  of  what  is  not  expected  to  be  performed.  Why,  then, 
cannot  gentlemen  wait ?  Wait  at  least,  until  to-morrow,  when  it 
is  morally  certain  that  the  Ordinance  of  Secession  will  be  passed, 
and  the  members  of  this  Convention  absolved  by  the  sovereign 
authority  of  Alabama  from  their  allegianc  to  the  Federal  Govern- 
ment. Until  the  State  so  absolved  him,  he  could  not  and  would 
not  vote  for  resolutions  proposing  to  declare  war  on  the  Govern- 
ment of  the  United  States.  He  had  in  both  ends  of  this  Capitol, 
and  at  sundry  other  places,  solemnly  sworn  to  support  the  Consti- 
tution of  the  United  States.  He  knew  that  others  thought  differ- 
ently on  this  subject,  he  only  spoke  for  himself.  Each  one  must 
act  according  to  his  own  conscience.  l>ut  whilst  this  State  con- 
tinued a  member  of  the  Union  he  would  not  vote  for  resolutions 
which  propose  directly  or  indirectly  to  bring  about  a  collision  be 
tween  this  State  and  the  Federal  authorities.  The  gentleman  from 
.Montgomery  had  said  that  "when  we  shall  havcseccdcd,  a  resolution 
tendering  aid  to  other  seceding  States  will  be  considered  as  ask- 
ing, rather  than  offering,  aid."  He  could  not  sec  that  offering  aid 
to-day  and  seceding  to-morrow,  before  notice  of  the  offer  could 
reach  the  cars  of  our  sister  States,  will  afford  any  very  over-powering 
proof  of  our  disinterestedness.     He  would  say,  in  conclusion,  that 


r,i;  KOTOW*   Aim 

i  thai  when  the  soil  of  South  Carolina,  or  any  South- 
ern H  nvaded  to  subvert  her  institutions  or  Bubjugate  her 
:,-.  the  dm  Bouth  will  move  to  arms  n  by  one  o  immoo 
impulse  i"  repel  the  invader.     And  when  thi>  dire  necessity  shall 
be  behind  no  gentleman  on  this  iloor  in  vindi* 
»r  and  defending  the  soil  of  the  Fection  to  which  he 

If  J  i.\  I  WON  said  : 

-While  I  advocate  the  reference  in  a  spirit  of 
I  surrender  nothing.     1  need  not  appeal  to  the  mem* 
'.  ith  whom  1  have  beei  to  bear  evi- 

dence of  my  devotion  to  the  principles  enunciated  in  the  excel- 
lent resolution  under  consideration.  Sir,  1  take  it  for  granted 
thai  1  am  is  well  understood  and  as  strongly  dffiiu  I  on  all  the 
qui  itions  connected  with  immediate  separate  State  action — prompt 
-as  any  other  gentleman  of  this  Convention. 

Ition  has  the  approval  id'  my  heart  ;   it  commends  itself 

to  the  calm  and  manly  consideration  of  every  member,  with  s  ; 
of  truth  and  reason,  which  seems  to  me  to  he  irresistible. 

The  assuranc*  -  we  h  ive  from  honorable  gentlemen  of  the  minor- 
ity, that  the  reft  i<  nee  ii  sought  only  with  the  great  patriotic  view 
i>i  understanding1  the  resolution,  and  understanding  each  other, 
and  thus  to  enable  them  to  vote  with  us,  for  the  resolution,  ie  an 
appeal  all  powerful  to  me. 

I  h«.ld.  Mr.  President,  that  it  would  be  exceedingly  disgr 
ir  gallant  State,  to  have  a  Bingle  vote  oast  against  thi>  resolu- 
tion ;  and  if  I  did  not  go  for  this  reference  with  the  assuranees  1 
have,  1  should  feel  myself  to  that  extent  responsible  for  that  dia> 
Theu,  1  ippeal  to  gentlemen  who  are  already  prepared  to 
for  the  resolution,  and,  as  the  delay  will  be  but  temporary 
and  the  result  not  doubtful,  to  vote  for  the  reference,  that  our 
friends  of  the  minority  may  have  do  cause  of  complaint,  and  that 
the  resolution  may  be  adopted  unanimously. 

I  b  ive  the  honor  I  i  be  a  member  of  the  Committee  of  Thirteen, 

I  know  the  material  of  whioh  it  is  composed.  1  think  1  hazard 
nothing  in  saying  that  an  unanimous  report  in  favor  of  the  reso- 
lution would  follow  such  a  reference. 

Mr    Smi  i  li,  of  TuSOalOOSa,  said  : 

dent — I  am  ready  to  vote  up""  the  resolution  now,  so 
Car  as  I  asa  ouocerned  It  oonUlns  but  the  expression  of  a  senti- 
ment that  1  heartily  endorse.     1  know  of  no  feeling  more  agreeable 


THE  CONVENTION  OF  ALABAMA.  ()7 

than  that  which  prompts  a  generous  heart  to  offer  assistance  to  a 
friend  in  danger.  There  is  no  feeling  more  pleasant — except,  per- 
haps, it  he  the  gratitude  that  accepts  such  assurance.  But  in 
order  that  this  pleasure  should  he  perfect,  it  is  necessary  that  this 
assurance  should  he  made  with  the  whole  heart;  there  must  be  no 
deception.  Now,  sir,  some  of  the  gentlemen  who  are  known  here 
to  be  in  the  minority,  and  with  whom  1  have  the  honor  to  act,  re- 
quest a  day's  delay — or  the  reference  of  the  resolution  to  a  Com- 
mittee, in  order  that  they  may  have  an  opportunity  to  examine 
it,  expressing  at  the  same  time  a  desire  to  vote  for  it.  This  re- 
quest you  are  about  to  refuse! 

Sir,  what  will  he  the  inevitable  result  of  your  disposition  to 
press  the  minority  to  immediate  and  final  action  upon  such  resolu- 
tions, without  giving  them  the  usual  legislative  delay  for  reflec- 
tion? The  attempt  to  force  yoor  measure  upon  us  must  result  in 
this  :  that  you  will  pass  this  resolution  and  cithers  of  no  less  im- 
portance, by  a  meagre  majority  of  six  or  eight  votes  ;  (for  that  is 
the  majority  by  which  you  elected  your  President.)  Do  you  wish 
to  do  this  ?  Would  you  not  prefer  that  this  resolution  particularly 
should  receive  all  the  votes  here?  I  am  satisfied  that  if  this  reso- 
lution is  referred  to  a  Committee,  as  proposed  by  the  gentleman 
from  Madison,  [Mr.  Davis,]  and  as  acquiesced  in  by  the;  mover  of 
it,  [Mr.  Coleman,]  so  that  a  day's  delay  may  be  had  upon  it  for  re- 
flection and  examination,  it  will  be  adopted  by  this  Convention 
without  a  dissenting  voice. 

An  assurance,  by  a  hare  majority  of  this  Convention,  of  aid 
to  he  given  by  the  State  of  Alabama,  would  he  considered  by  South 
Carolina  almost  as  an  insult.  She  might  be  delighted  at  first  to 
hear  and  receive  such  an  assurance:  but  when  she  learned  the  fact 
tlnit  the  resolution  had  been  adopted  by  a  bare  majority,  she  would 
be  inspired  with  disgust)  andshe  would  swell  with  indignation,  if  it 
should  appear,  (asfl  may,  upon  a  calm  and  thorough  exam  iii  at  ion,  and 
a  comparison  of  the  facts  and  figures)  that  the  minority  here  were 
really  the  i  epresi  ntatives  of  a  majority  of  the  sovereigns  of  this 
State.  ['''"'  there  was  some  conversation — in  questions  by  Mr. 
Morgan  and  Mr.  Yancey — as  to  Mr.  Smith't  source  of  information 
upon  the  popular  vote  of  the  State. J  1  receive  my  information 
from  tables  in  the  public  prints  ;  1  do  not  assert  them  to  be  true  ;  but 
I  believe  that  a  popular  majority  of  the;  State  is  represented  I 
by  the  minoi  ity. 

But  that  is  not  DOW  materia!.  [fyoupreSfl  this  resolution  now, 
you  will  pass  it  by  a  meagre  majority  ;  and  BO  BOOO  as  South  Car- 
olina  is  advi-ed  of  this  dieagieeable  fact,  Bhe  will   consider  your 

prumi.-e-  MS    unteal;    she    Will    exclaim:     Poor    Alabama!   sin 


r.*-  \\n    DED  . 

uk  an  apple  «iih  gold  "ii  it-  outside,  bat  with  ashes  on  its  core — 
Dead  »e«  Graita  that  tempt  the  i 

l'.ul  turn  10  :i»lir>  00  tlie  lip." 

I   in  ipeot  for  South  Carolioa  :  h<  r  -  taa  are 

int,   hi  r  statesmen  are  wise,  her  clime  is  genial,  her  his  tot 

ins  are  sublime.  She  is  to  be  revered  for  one 
tiling,  it  for  nothing  else:  she  has  given  to  this  age  ;i  Demos- 
thenes; thai  is  h<  r  immortality — may  it  not  be  her  last  and  her 
I  r_v  \ip1  because  I  reaped  her,  1  would  deal  with  her 
in  a  way  no!  to  deceive — not  to  disappoint  her.  I  would  gratify 
In  r,  and  at  the  same  time  satisfy  myself. 

sir.  w.'  of  the  minority  ask  of  the  majority  but  the  ordinary 
civilities  of  parliamentary  decorum  j  time  to  deliberate  and  exam- 
ine. We  claim  that  our  errors  are  errors  of  the  headj  and  we 
concede  to  others  what  we  claim  for  ourselves.  If  there  be  here 
i  -in'  re  '!<  lire  to  cultivate  kindly  relations,  ami  to  harmonise  on 
treat  questions  upon  which  wc  are  now  called  to  act,  this  dis- 
position on  the  ]>art  of  the  majority  to  press  upon  us  measures  to 
anal  action  upon  an  hoar's  notice,  must  be  abandoned.  Fou  may 
have  the  power  to  do  as  you  please;  bat  indiscreet  haste  will  nei- 
ther promote  the  popularity  of  your  measures,  nor  convinoe  the 
public  that  you  are  right. 

:  but  admire  the  Wise  and  deliberative  tone  in  which  the 
gentleman  from  Coffee,  [Mr.  Yelverton,]  has  just  expressed  himself 
oo  this  subject.  Fielding  nothing  of  the  ardency  of  his  opinions, 
he  yi  ■  harm  in  a   day's   delay.      "  A  week's  delay,"  in  the 

patriotic  language  of  the  gentleman  from  Montgomery,  [Mr. 
Watte,]  "would  be  cheerfully  yielded  by  him,  for  the  sake  of  a 
onanimous  Note  in  favor  of  the  resolution." 

For  m\    part,  I  wish  the  resolution  adopted:   and  I  am  satisfied. 

sir.  that  on  to-morrow  it  would  be  passed  unanimously,  and  I  sin- 
cerely hope  that  it  will  be  referred. 

Mil.   Yami.V  said  : 

'/     R    ulent—Tho  gentleman   from  Tuscaloosa  has  sneering 
el,  that  it  will  be  but po  don  to  South  Carolina,  when 

we  tender  the  promise  to  aid  her  against  coercion  by  the  General 
crnment,  '  i     majority  id' one.      I  think,  sir,  I  under- 

i  the  allusion.     It  is  useless  to  disgui  i   the  Paot,  that  in  some 

portions  of  the  State  there  is   disapprobation    towards   our  action  ; 

and,  1   venture  to  tell  the   gentleman    from    TusOaloOBa,  that    when 

that  ( Irdinanoe  shall  be  passed,  even  if  it  be  by  the  meagre  majori- 
ty of  one,  it  will  represent  the  fullness,  and  the  power,  and  the 


TIIK    CONVENTION-    OF    ALABAMA.  ()!> 

majesty  of  the  sovereign  people  of  Alabama.  When  it  shall  be 
the  supreme  organic  law  of  the  people  of  Alabama,  the  State  upon 
that  question  will  know  no  majority  or  minority  among  her  people, 

but  will  expect  and  demand,  and  secure  unlimited  and  unques- 
tioned obedience"  to  that  Ordinance.  If  gentlemen  imagine,  or  in- 
dulge the  hope,  that,  there  will  be  opposition  to  that  expressed  will 
of  the  people,  I  tell  them  that  it  will  not  be  from  any  portion  of 
the  people  of  Alabama,  but  from  the  enemies  of  the  people  of  Ala- 
bama. The  State  is  a  unit  in  its  sovereignty  ;  the  people  of  the 
State  constitutes  a  unit  in  allegiance  to  its  high  decrees.  If  there 
shall  be  found  any  who  shall  dare  oppose  it,  they  will  not  be  of 
the  i  eople  ;  they  will  not  be  of  a  minority  or  majority  of  the  peo- 
ple, as  some  choose  to  call  them.  They  must  throw  off  the  char- 
acter of  citizenship  in  this  State,  and  assume  a  new  character  in 
accordance  with  their  new  position.  It  is  useless,  Mr.  President, 
to  disguise  the  true  character  of  things  with  soft  words.  Men,  who 
shall,  after  the  passage  of  this  Ordinance,  dissolving  the  union  of 
Alabama  with  the  other  States  of  this  Confederacy,  dare  array  them- 
selvt  s  against  the  State,  will  then  become  the  enemies  of  the 
State.  There  is  a  law  of  Treason,  defining  treason  against  the 
State;  and,  those  who  shall  dare  oppose  the  action  of  Alabama, 
when  she  assumes  her  independence  of  the  Union,  will  become 
traitors — rebels  against  its  authority,  aud  will  be  dealt  with  as 
such.  Sir,  in  such  an  event,  the  nomenclature  of  the  Revolution 
of  177<i  will  have  to  he  revived.  The  friends  of  the  country  were 
then  called  Whigs,  and  the  enemies  of  the  colonies  were  called  To- 
ries. And  1  have  no  doubt  that,  however  they  may  be  aided  by 
abolition  forces,  the  God  of  Battles  and  Liberty  will  give  us  the 
victory  over  the  unnatural  alliance,  as  was  done,  under  similar  cir- 
cumstanees,  in  the  Revolution. 

In  this  great  contest  there  are  but  two  sides — a  Northern  and  a 
Southern  ;  and  when  our  Ordinance  of  Secession  shall  be  passed, 
the  citizens  of  the  State  will  ally  themselves  with  the  South.  The 
misguided,  deluded,  wicked  men  in  our  midst,  if  any  such  there 
he,  who  8 hall  oppose  it,  will  be  in  alignment  with  the  abolition 
power  of  the  Federal  Government,  and  as  our  safety  demands, 
hi'  looked  upon  and  dealt  with  as  public  enemies. 

ibovc  is  a  very  brief  report  of  Mr.  Vanity's  speech  on 
this  occasion.  It  is  here  inserted  from  the  "  Montgomery  Mail." 
audi-  ra-vn  up,  so  far,  by  Mr.  Fancey  himself. 

i  he  speech  a-  deli1  '!y  half  an  hour;  W8J  utter- 

ed with  great  1  embraced  many  topic-  nol  1    re  re- 

ported.    If  threw  the  Convention  into  the  highest  excitement 


7  i  \M>    DEB 

lid,  |  in  substsnoe  :| 

;  n    r  t  exceedingly  the  tone  of  the speech  just 

by  my  c  ill  ague  |  Mr.  ^  anoey  |     This  ia  do  time  for  the  cx- 

hibil  for  the  d  i  f  d<  Dunciations.     The 

a  parliamei  urtesy,  which ougbt 

ially,  as  there  i<  no  emergency  oalling  fof 

iniu  Lion  on  the  resolution,     [tin  extremely  desirable  that 

this  resolution  should  be  passed  unanimously;  and  I  earnestly 

thai  the  motion  to  refer  it  may  prevail  ;  and,  I  believe,  that 

■  ^morrow,  it  can,  and  will  be  passed  by  a   majority  of  One 

Hundred — all  the  votes  of  this  Convention. 

i  i  the  floor  some  considerable  time  Beeming 
actuated  by  a  desire  to  mollify  the  fi  i  ling,  and  quiet 
that  prevailed  in  the  Convention.] 

Mil.  .1  BMTBOM  Slid  : 

Mr.  President — I  had  not  intended  to  Bay  more  upon  the  reso- 
1  ration;  hut  [  cannot  (icrmit  to  pass  in  Bllence, 
irdinarj  and  unprovoked  remarks  of  the  gentleman  from 
fcfonl  |  Mr.  Yancey.]    I  Bay  unprovoked,  for  they  were 

wholly  uncalled  lor  by  any  thing  that  fell  from  cither  my  colleague 
or  myself.  The  gentleman  charges  me  with  having  Bpokcq  "I"  his 
nstivi  South  Carolina,  with  levity  -slightingly,    [havodone 

bo  such  thing.  I  have  never  spoken  vi'  that  gallant  State  sliirht- 
ingly.  I  have  differed  with  her  leading  politicians,  hut  I  have  not 
spok  peotfolly  of  them,  or  their  Stal        1  can  differ  with 

nun  upon  of  policy,  and  yet  believe  them  honest  ami  pa- 

triotic.    But,  sir.  nothing  was  said  by  mo  as  to  the  Stal  ■  of  South 
Una,  her  politicians,  or  her  policy.     I   spoke  only  of  the  dis- 
patches, or  telegrams,  that  have  been  poured  in  upon  as  in  such 

fusion,  upon  every  Bubjeot  and  every  occasion.  Some  of  them, 
it  is  tin--,  wore  from  the  gentleman's  native  State;  --'•::;.■  from  oth- 
er States  -they  came  from  all  quarter  1 1-  y  came  so  thick  ami 
:o  1  like  snow-flakes,  to  fall  frdm  the  clouds.  Of 
th'->-  telegrams,  but  without  singling oul  those  from  any  partiou 
lar  State  or  locality,  I  did  speak  with  levity  and  incredulity.     1 

I   thought,  as  I   hit,  atld  as  1    believe,  hut    without    disre 

to  any  Stale,  individual  or  class. 

The  gentleman  from  Montgomery  has  made   the  remarks  of  uiy- 

and  colleague,  the   text  or  rather  the  pretext  of  reading  for 

the  bsnefil    of  ourselves  ami   the   minority  of  this  Convention,  a 


THE  CONVENTION  OF  ALABAMA.  71 

long,  and  very  racy  and  pointed  commentary  upon  the  law  of 
Treason.  He  tells  us  the  political  nomenclature  of  "  76"  will  be 
revived  ;  that  parties  will  be  known  and  distinguished  as  of  yore, 
by  the  names  of  Whig  and  Tory;  that  in  times  past  the  friends 
of  the  country  were  known  as  Whigs,  and  its  enemies  as  Tories. 
He  tells  us  further*,  that  there  is  such  an  offence  as  Treason,  aud 
reminds  us  that  though  the  Ordinance  of  Secession  may  pass  by 
a  majority  of  a  single  vote,  that  those  who  shall  not  submit  to  it 
are  guilty  of  the  crime  of  treason,  and  must,  and  will  be  punished 
as  traitors. 

For  whom  and  by  what  authority  does  the  gentleman  speak  ? 
He  speaks  in  the  plural.  In  all  frankness,  said  he,  "we  speak  thus, 
we  tell  our  opponents,"  &c.  Are  we  to  understand  him  as  speaking 
for  himself  alone,  or  does  he  speak  as  the  organ  of  the  majority 
party  in  this  Convention,  of  whom  he  is  the  acknowledged  leader? 
I  cannot  believe  that  he  has  spoken  the  sentiments  of  the  majori- 
ty, or  any  member  of  it  but  himself.  I  cannot  think  such  senti- 
ments are  entertained  by  any  other  member  of  this  Convention. 
I  had  not  expected  to  hear  such  sentiments  from  any  quarter. 
They  are  unmerited — they  are  uncalled  for  and  unprovoked  by 
any  thing  thot  has  been  uttered  by  my  colleague  or  myself,  or  by 
any  other  member  of  the  minority ;  they  are  unjust ;  they  are  un- 
becoming any  gentleman  on  this  floor.  [Hon.  Mr.  Yancey  rose, 
and  the  President  called  Mr.  J.  to  order,  whereupon  he  took  his 
seat.  There  was  much  confusion  at  this  moment,  and  Mr.  Yan- 
cey, also,  was  called  to  order  by  the  President.]  After  order  was 
restored,  Mr.  J.  proceeded.  Mr.  President,  when  I  took  upon 
myself  the  duties  of  a  delegate  to  this  Convention,  it  was  with 
a  full  knowledge  and  proper  appreciation  of  all  its  difficulties 
and  responsibilities.  I  took  my  scat  here  with  a  fixed  and  firm 
resolution,  not  only  to  preserve  the  courtesies  of  debate,  but  to 
cultivate  friendly  intercourse  and  relations  with  each  and  every 
one,  but  to  encourage  calm  and  friendly  discussion;  to  keep  down 
every  crimination  or  recrimination  by  pouring  oil  upon  the  troubled 
waters.  My  most  earnest  desire  has  been  to  see  good  feeling  and 
harmony  preside  over  our  deliberations;  that  whenever  we  should 
take  final  action,  that  all  should  cordially  and  cheerfully  unite  in 
support  of  that  action.  This  has  been  my  most  ardent  desire — 
this  my  most  settled  determination.  From  this  determination 
and  from  this  purpose,  1  cannot  be  driven  by  any  ill-timed  or  un- 
merited remarks,  come  from  what  source  they  may.  But,  sir,  when 
the  great  leader  of  the  majority  shall  call  the  minority  party  torie$, 
shall  denounce  us  as  rrattors  and  pronounce  against  us  a  traitor's 
doom,  were  I  to  pass  it  in  silence,  the  world  would  properly  consider 
mc  worthy  of  the  denunciation  and  the  doom. 


"  J  \\|i    DKB  \TKS    OF 

I!       Mb    Yanoey  rose  to  explain.    He  said  his  remarks  were 

n. .t    •  •  i,  nr  intended  for,  the  minority  of  this  Convention; 

the)  were  intended  for  those  in  certain  portions  of  the  State,  where 

I  the  <  Ordinance  of  Secession,  if  passed,  would  be  resisted.] 

Mi;  .1 1  MI80N  continued  : 

I  am  glad,  Mr.  President,  to  hear  die  gentleman  disclaim  any 
imputation  of  disloyalty  to  the  minority  in  this  Convention.  But 
has  he  bettered  it  by  transferring  it  bo  the  great  popular  masses  in 

e  where  there  is  strong  opposition  to 
the  Ordii  lion,  and  where  it  is  said  it  will  be  resist- 

ed? Will  the  gentleman  go  into  those  sections  of  the  State  and 
bang  all  who  are  opposed  to  Secession  ''.  Will  he  hang  them  by 
families,  hy  neighborhoods,  by  towns,  by  counties,  by  Congression- 
al Districts?  who,  sir,  will  give  the  Woody  order  ?  Who  will  be 
your  executioner  ?  Is  this  the  spirit  of  Southern  chivalry?  Are 
these  the  sentiments  of  the  boasted  champions  of  Southern  Rights  ? 
\r>  these  to  be  the  first  fruits  of  a  Southern  Republic'/  Ah  !  is 
rlii?-  the  bloody  charity  of  a  party  who  seeks  to  deliver  our  own 
beloved  sunny  South  from  the  galling  yoke  of  a  fanatical  and  puri- 
tanical abolition  majority?  What  a  commentary  on  the  charity  of 
party  majorities!  The  history  of  the  reign  of  Terror  furnishes  not 
a  parallel  to  the  bloody  picture  shadowed  forth  in  the  remarks  of 
the  gentleman.  I  envy  him  not  its  contemplation.  For  the  inter- 
!'  our  common  country,  I  would  drop  the  curtain  over  the 
and  palsied  be  the  hand  that  ever  attempts  to  lift  it. 

the  explanation  and  disclaimer  of  the  gentleman  [Mr. 
Yanrcv.  I  it  is  due  to  him,  and  to  myself,  that  I  should  say — which 
I  do  with  -reat  pleasure — that  the  particular  remark  of  mine  to 
which  he  CXOeptS,  was  intended  to  illustrate  my  notions  of  parlia- 
mentary di  COrum,  and  not  to  apply  to  him  individually. 

Mi;.  I>a\  is,  of  Madison,  said  : 

Mr.  President — 1  cannot  allow  this  occasion  to  pass  without  say- 
ing a  word  in  reply  to  what  has  fallen  from  the  gentleman 
from  Montgomery,  [Mr.  Yancey.]  Under  other  circumstances, 
bis  remarks  mighl  pass  unnoticed;  but  I  feel  that  I  owe  it  to  those 
I  at,  at  least,  correctly  to  state  the  position  which   they 

hold,  upon  the  question  so  unexpectedly  brought  before  this  body. 
I  claim,  sir,  to  know  their  views,  and  I  say  to  this  Convention 
that  they  have  not  intended  to  resist  its  action,  when  in  conformity 
to  the  wishes  of  the  people  of  the  State.     The  question  with  them, 


THE    CONVENTION     OK    ALABAMA.  (o 

sir,  is  :  does  the  Convention  represent  the  popular  will  of  the  State? 
If  it  does,  they  will  stand  by  it,  no  matter  what  its  decision  inay 
be.  Now,  sir,  I  need  scarcely  say  that  the  act  of  this  Convention 
will  not  be  conclusive  in  this  matter.  And  why  f  Because,  as  ev- 
ery one  knows,  the  popular  vote  of  this  State  may  be  one  way;  the 
Convention  another,  and  this  resulting  from  the  manner  in  which 
it  was  called,  by  those  who  arc  guilty  of  an  usurpation  of  power. 
In  short,  Mr.  President,  the  sovereignty  of  this  body  is  denied. 
and  its  action  will  be  sustained  or  resisted,  as  the  popular  will  may 
be  reflected  through  it. 

The  gentleman  from  Montgomery,  [Mr.  Yancey,]  asserts  upon 
the  authority  of  a  newspaper  statement,  the  vote  to  be  one  way: 
the  gentleman  from  Tuscaloosa,  [Mr.  Smith,]  upon  like  authority, 
claims  it  to  be  another.  I  submit,  sir,  that  in  deciding  a  question 
of  such  moment,  the  proof  on  either  side,  is  unsatisfactory.  The 
people  of  the  State  will  so  regard  it,  We  have  the  means  in  our 
hands  of  ascertaining  their  will,  by  submitting-  our  action  for  their 
ratification  or  rejection  ;  and  should  a  course  so  manifestly  just, 
be  refused,  a  Committee  of  this  Body,  with  the  evidence  at  the 
door,  can  arrive  at  a  satisfactory  conclusion.  In  cither  event,  I 
pledge  those  I  represent  to  stand  by  the  expressed  will  of  the  peo- 
ple. I  repeat,  that  I  know  this  to  be  the  position  of  my  constitu- 
ents, and  such,  so  far  as  my  knowledge  extends,  is  the  position 
of  the  people  in  North  Alabama. 

Mr.  Yancey  : 

I  said  nothing  about  the  people  in  North  Alabama. 
Mr.  Davis: 

No  sir.  you  did  not,  but  it  is  very  well  understood  by  i  very 
member  on  this  floor  to  whom  your  remarks  were,  applicable.  11 
it  should  turn  out  that  the  popularvote  is  against  the  A.C1  of  ";  <•■  - 
sion,  should  it,  pass,  I  tell  you,  sir,  that  I  believe  it  will  and  ought 
to  be  resisted.  The  minority  of  the  people  of  this  State  ought 
not  to  control  the  majority.  But  we  are  told  that  this  is  a  repre- 
sentative Government — not  a  pure  Democracy,  and  in  this  form 
minorities  may  ride.  If  our  State  Government  be  representative 
in  this  sense,  who  made  it  so?  The  people  who,  in  Convention. 
framed  its  Constitution  and  organic  law.  They  set  it  on  foot,  and 
whilst  it  moves  in  the  orbit  which  they  prescribed,  grant  that  it 
is  representative,  and  has  the  feature  which  is  claimed  3c 
lion,  however,  destroys  that  Constitution,  and  the  people  arc  irfuz- 


.1 

h  derived  ita  exist- 
.  tin  iii-*  Bat  I  do  not  pro] 

I 

in  which 
We  are  told,  sir,  1 » v  him,  thai 

m,  and  those  who  undertake 
it,  ti  The  nomenclature  of  the  resolution,  will 

of  tory,  in  future,  may  ornament 
uabamians.      I  can  not  aeoept  this  as  applicab 
in v  <•  instituenta ;  nor  neither  do  I  perceive  the  fitness  or  fo?o< 

ation.     The  W 1 1  i  —  •  the 

a  nt — thi  [f  na 

!i  >ld  the  lation  to  the  < :  b  now  aa  then,  I 

shall  have  tions  to  the  historical  pernio 

stimation,  than  the  name  of  tory,  is  the  doctrine 
which  is  i  I  of  the  right  to  coerce  an  unwilling  people.     We 

th  us  public  ui.  miis       Bui  yesterday,  sir,  thin 
Dined  this  doctrine.     With  one   voice, 
clar  '  it.  and  expressed  your  determination  to  meet  Buch 

f  your  rights  aa  it  ought  to  be  met,  with  arms  in 
\..ur  band*.     It   will  be  asserted  aa  readily  i  tyrant  at 

abroad  ;   as  readily  by  the  people  of  my  •  tinst 

ii  and  outi  .  aa  elsewhere,     And  when  compelled 

.  tiny  will  cheerfully,  no  doubt,  assume  all  the 
nsibility  that  follows  the  act.       [seek  no  quarrel  with    ihe 
•i  from  Montgomery,  or  hia  friends.  Towards  him  pei 
ally,  I  entertain  none  other  than  the  kindest   feeling.     But  I  tell 
him  that  should  I  in  that  enterprise,  he  will  not  1"'  al- 

lowed to  boast  the  character  of  an  invader.     Coming  at  the  head 
Me  which  lie  can  muster,  aided  and  aisisted  by  the  Ex- 
f  tl      5i  ite,  we  will  meet  bim  at  the  foot  of  our  moun- 
i  tin  re  with  his  own  selected  weapons,  hand  to  hand,  and 
lac-  the  question  of  the  sovereignty  of  the  people. 

The  Convention  adjourned  without  having  taken  any  further 
action  on  Ll  ition. 


1  « » i  i: Til   DAY    8ECRE  IN     I  \  NU  \i;v  10. 

•I    W.  A.  San  ford,  Commissioner  from  the  State  of  (ieor- 

Alabama,    was  invited    tO  a  seat  within  the  bar 


/ 


TOE    CONVENTION    OF     ALABAMA.  71 

The  President  laid  before  the  Convention  an  official  dispatch 
from  the  State  of  .Mississippi. 

Received  at  Montgomery  January  9th,  1861,  by  telegraph  from 
Jackson  : 

To  Hon.  Wm.  M.  Brooks  : 

I  am  instructed  by  the  Mississippi  State  Convention  to  inform 
vmi  that  the  State  of  Mississippi,  by  a  vote  of  her  Convention. 
approaching  unanimity,  has  seceded  unconditionally,  from  th< 
Union,  and  desires,  on  the  basis  of  the  old  Constitution,  a  nev 
Union  witl!  the  Receded  States.         WILLIAM  S.  BARRY', 

President  of  the  Conventior: 

And  also  dispatches  from  Charleston,  as  follows: 

Received  at  Montgomery  January  9th,  1861,  by  telegraph  from 
Charleston  : 

To  John  A.  Kr,MORE  : 

The  Steamer  with  reinforcements,  was  fired  into  by  the  Font. 
disabled,  retreated  and  lying  at  anchor.  This  is  certain.  The 
reports  of  her  hauling  down  her  colors  I  do  not  vouch  for. 

WM.  E.  MARTIN 

ived  at  Montgomery  January  9th,  1861,  by  telegraph  from 
Charleston : 

To  J.  A.  Elmore,  or  the  President  of  the  Convention: 

Anderson,  it  is  .-aid  ami  believed,  intends  firing  upon  our  ship 
ping,  and  cutting  oil"  communication  with  the  fort. 

WM.  E.  MARTIN. 

Received  at  Montgomery  January  9th,  1861, by  telegraph  firou 
Charleston  : 

To,  John  a   Hlmore,  or  President  of  Convention : 

Anderson  writes  to  the  Governor  he  will  tin-  into  all  ships.  Gov- 
ernor replies,  and  justifies  what  we  did.  Now  Anderson  replies. 
bi>  mind  i-  changed,  and  refers  the  question  to  "Washington. 

WM.  P.  MARTIN 


MSTOB1      *Mi    DKBATH    OP 

0RD1N  W  i:  OF  SECESSH  -N 

from  ilu-  Committee  of  Thirteen,  reported  as  f'.>l 

to  wlioiM  it  was  committed  to  consider  upon, 

:.p   rt.  \\h:i:  MtiOD  WBJ  ne.e-.-an,   to  1"'  taken  by  thifl  COOTCD 

•  i  meted  and  preserve  the  rights  tod  independence 

i  tho  people  of  1 1 1  < -  State  of  Alabama,  beg  leave  to  report,  thai 

ily  and  thoughtfully    considered  the  great   matter 

them;  and  thej    have  instructed  me  t"  reporl  the 

•  oompanying  Ordinance  and  Resolutions. 

w .  l.  ^  \\<  i:v 

<  'hairman. 

Ord\  '      - '  ■  ''-  ■  ill'   I  nion  between  th<  Stu<<  of  Alabama 

:'■<  united  under  tht   compact  ttyltxl  "  Tkt    Con- 
'ted  States  of  Ann  rtea." 
Win.  election   of  Abraham    Lincoln   and    Hannibal 

din  to  the  offio  -  of  President  and  Vice  Presidcnl  of  the  Uni 
America,  by  a  sectional  party,  avowedl)  hostile  to 
domestic  institutions  and  to  the  peace  and  security  ol  the  peo- 
to  of  Alabama,  preceded  bj  many  and  dangerous  in- 
tions  of  the  Constitution  «>t  the  United  States  by  manj  of  the 
j  people  of  the  Northern  section,  is  a  political  wrong  ol 
. .  insulting  and  menacing  a  character  as  to  justify  the  people  of  the 
of  Alabama  in  the  adoption  of  prompt  and  decided  mess 
for  their  future  peace  and  security  ;  therefore, 

and  ordained  by  tin  peopk  of  tht  State  >>/  Ata- 

(       >ention  assembled,  That  the  State  of  Alabama  n<>\\ 

■  itl.  .   .  I  is  hereby   withdrawn,  from  the  Union  troown  as 

i     led  States  of  America,"  and  henceforth  ceases  to  l>e  one 

lid  United  States,  and  is.  and  of* right  ought  to  bo,  a  Sovereign 

independent  State. 

.'    Be  itfurtfu  r  declared  and  ordained  by  the  people  of  tin 

Stat   oj     ilabama  in   Convention  assembled,  That  all  the  powers 

the  Territor)  of  said  State,  and  over  the  people  thereof,  here 

bed  to  the  Government  oft  lie  United  States  of  Amer- 

i     and  they  are  hereb)  withdrawn  from  said  Government,  a*d 

b)  resumed  and  vested  in  the  people  of  the  State  of  Ala 

6  Ived  by  tkt  people  of  Alabama  in  Convention  assem- 

',  That    the    people  of  the  States  of  Delaware,   Marvland.  Vir- 
ginia, North < ' arolina,  South  t  Carolina,  Florida, Georgia,  Mississippi, 


THE  CONVENTION  OF  ALABAMA.  77 

Louisiana.  Texas,  Arkansas,  Tennessee,  Kentucky  and  Missouri, 
be  and  arc  hereby  invited  to  tneel  tke  people  of  the  Stale  of  Ala- 
bama, by  their  Delegates,  in  Convention,  on  tlie  4th  day  of  Feb 
ruary,  A.  1).,  1861,  at  the  city  of  Montgomery,  in  the  State 
Alabama,  for  the  purpose  of  consulting  with  each  other  as  to  th< 
most  effectual  mode  of  securing  concerted  ami  harmonious  action 
in  whatevei  measures  may  be  deemed  most  desirable  for  our 
common  peace  anil  security. 

Ami  hi'  it  further  resolved,  That  the  President  of  this  Conven 
lion  he.  ami  is  hereby  instructed  to  transmit  forthwith,  a  copy  oi 
the  foregoing  Preamble,  Ordinance,  ami  Resolutions  to  the  Gov 
ernors  of  the  several  States  named  in  said  resolutions. 

Done  by  the  people  of  the  State  of  Alabama,  in  Convention  as 
sembbed,  at  Montgomery,  on  this,  the  eleventh  day  of  January 
A.  I)..  1861. 

MINORITY  REPORT. 

Mi-.  Clemens,  from  the  minority  of  the  same  Committee,  mad. 

;i  report  with  resolutions  as  follows: 

The  undersigned,  a  minority  of  the  Committee  of  Thirteen,  to 
whom  was  referred  all  matters  touching  the  proper  mode  of  re- 
sistance to  l>e  adopted  by  the  State  of  Alabama,  in  the  present 
emergency,  beg  leave  to  present  the  following 


Looking  to  harmony  of  action  among  our  own  people  as  desi 
rable  above  all  other  things,  we  have  been  earnestly  desirous  of 
concurring  with  the  majority  in  the  line  of  policy  marked  out  b) 
them,  but.  after  the  most  careful  consideration, we  have  been  una 
hie  to  see  in  Separate  State  Secession  the  most  effectual  mode  Oi 
guarding  our  honor  and  securing   our  rights.       Without  entering 
into  any  argument  upon  the  nature  ami  amount  of  our  grievai 
or  any  speculations  as  to  the  probability  of  our  obtaining 
and  security  in  the  Union,  but,  looking  alone  to  the  most  effectual 
mode  of  resistance,  it  seems  to  us  that  this  greal  object  is  best  t< 
be  attained   !>\    the  concurrent  an. I  concerted  action  of  all  the 
States  inter*  sted,  ami  thai  it  becomes  us  t<.  make  the  effort  to  ob- 
tain that  concurrence,  before  deciding  finally  ami  conclusively  up 
on  our  ow  n  policy  . 

\\  e  are  further  of  opinion  that,  in  a  matter  of  this  imp";  ' 

vitally   affecting  the  property,  the  lives  and  the  liberties  of  the 

whole  people,  sound  policy  dictates  that  an  ordinance  of  secession 
should  be  submitted  tor  their  ratification  and  approval.     To  thai 


:     i.\      \si»    DKBATBfi 

itions  which  accompanj   1 1 1 i «<  report  have  heen  pre 
\  submitted  to  the  ( '■  •! i \ entioii. 

■■I  purpos*  1_\  refrain  from  a  detailed  st.a.  tnent  of 

Iiicli  have  broughl  them  to  the  conclusions  ;it  which 

•  '..ii  proposed  \>y  tfc ■•  majority  of  the 

.  in  its  nature,  final   and  cone!;;  9   no 

:   rehearing  or  revision;   and  we  feel  no  disposition  to 

.ill,;  jjument,  whose  onlj  effect   will  be  to  crcat 

and  throw  difficulties  In  the  way  of  a  policy,  the  adoption  of 

rhich  we  are  powerless  to  prevent.     In  submitting  our  own  plan, 

using  all  lair  .- 1 1 1  <  1  honorable  means  to  secure  its  ace<  ptance, 

lutj  is  fullj  discharged;  to  insist  upon  objections  when  thc> 

•  Beet  but  to  excite  dissatisfaction  among  the  people, 

r<  ign  to  <>ur  feelings,  and  our  conceptions  of  p.iti 

The  resolutions  hereinbefore  referred  t6,'are  prayed  to  be  ta- 
f  this  Report,  and  the  whole  is  herewith  respectfulh 
uibmittad  JERE.  CLEMENS, 

DAVID  P.  LEW  IS, 
\\  M.  0.  WINTSON, 
A.  KIMBAL, 
R.  s.  \\  A.TKINS, 
R.  JEMISON,  J*. 

infractions  of  the  Constituti f  th<   Uni 

s  b\  the  people  and  States  of  the  Northern  section  of  the 
Confederacy    have  been  followed  by  the  election  of  sectional  can 
Btrictly  sectional  vote,  to  the  Presidency   and  Vice 
lidenc)  of  the  United  Slates,  upon  a  platform  of  principles  in 
■  tting  and  menacing  to  the  Southern  States ;  and  WAerka 
lues  a  free  people  to  watch  with  jealous  vigilance,  :iii<!  n 
sitli  manly  firmness  ever}   attempt  t"  subverl  the  free  and  equal 
principles  upon  which  our  Government  was  original!)    founded, 
ought  alone  to  be  maintained;  therefore, 
Bt  ii  resolved  by  tin  people  of  Alttbcuna  i     ( 

That  the  States  of  I  >elaw;ire.  Maryland,  Virginia,  North  <  «r 

•lii. a.  Smith  Carolina.  Georgia,   Florida,  Mississippi,  Louisiana. 

Tennessee,  Kentucky  and  Missouri,  beandthe> 

«rc  hereby  requested  to  meel  us  in  general  Convention  in  the  city 

•if  Nashville,  iii  the  State  of  Tennessee,  on  the  22d  daj  of  Febru 

1861,  for  the  purpose  of  taking  into  consideration  .the  wrongs 

rhich  we  have  cause  to  complain;  the  appropriate  remedy 

horefor,  and  the  time  and  manner  of  its  application. 

•'/.   That  the  State  of  Alaliania  shall  be  rep 

in  oaid  Convention  bv  nine  delegates,  one  to  be  selected 


TIIK    CONVENTION    OF     ALABAMA. 


from  each  Congressional  district,  and  two  frointhe  State  ai  large. 
in  such  manner  as  shall  hereafter  be  directed  and  provide  I  for  by 
this  ( !o»vention. 

Be  it  further  resolved,  That  our  delegates  selected  shall  bo  in- 
structed to  submit  to  the  general  Convention  the  following  basis 
of  a  settlement  of  the  existing  difficulties  between  the  Northern 
and  the  Southern  Slates,  to  wit  : 

I.  A  faithful  execution  of  the  Fugitive  Slave  Law',  and  a  repeal 
ot'all  State  laws  calculated  to  impair  its  efficacy. 

•2.  A  more  stringent  and  explicil  provision  for  the  surrender  of 
criminals  charged  with  offences  against  the  laws  of  <>no  Stat'1  and 
escaping  into  another. 

•">.  \  guarantee  thai  slavery  shall  not  be  abolished  in  the  Dis- 
trict of  Columbia,  or  in  any  other  place  over  which  Congress  has 
exclusive  jurisdiction. 

I.  \  guarantee  that  the  inter-State  slave  trade  shall  not  be  in- 
terferred  with. 

5.  A  protection  to  slavery  in  the  Territories,  while  thej  are 
Territories,  ami  a  guarantee  that  when  they  ask  for  admission 
as  States  they  shall  he  admitted  into  the  [Tnion  with  or  without 
slavery  as  their  Constitutions  ma\  prescribe. 

6.  'lie  right  of  transit  through  free  States  with,  slave  property. 
~i .  The  foregoing  clauses  to  be  irrepealable  by  amendments  to 

the  Constitution. 

Be  it  further  resolved,  Thai  the  basis  of  settlement  prescribed 
in  the  foregoing  resolution  shall  not  be  regarded  by  our  delegi 
a--  absolute  ami  unalterable,  hut  as  an  indication  of  the  opinion  of 
this  ( '<>nvenii<>u.  to  which  they  are  <  xpected  to  conform  as  nearly 
as  may  be,  holding  themselves,  however,  at  liberty  to  accept  an\ 
better  plan  of  adjustment  which  may  lie  insisted  upon  by  a  ma- 
jority of  the  slaveholding  states. 

Be  it  further  That  if  the  foregoing  proposition  tin-  a 

conference  is  refused,  or  rejected,  by  any  or  ail  of  the  States  to 
which  it  is  add  Alabama,  in  that  event,  will  hold  herself  at 

liberty,  alone,  or  in  conjunction  with  such  States,  as  may  agrei 
to  unite  with  her,  to  adopt  such  plan  of  resistance,  and  matur< 
such  measures,  as  in  her  judgment  may  seCm  bi  ;1  calculated  '< 
maintain  the  honor  and  scenic  tin  rights  of  her  citizens ;  and  ii 
the  meantime  we  will  resist.  \>\  all  mean-,  at  our  command,  anj 
attempt  on  the  part  of  the  General  Govenimenl  to  coerce  a  se 
ceding  State. 

further  resolved,  That  the  President  of  this  Convention 

be  instructed  to  transmit  copies  of  the  foregoing  preamble  and 

lutions  to  th    Governois  of  each  of  the  States  therein  named. 


following  resolution  from  the  hum  : 

of  Altilm,  i    nvcntion  a 

il  an  ordinance  lion  from  the  I  nited  States  is  an 

mportance,  involving  consequences  so  vitallj 
libertj  and  property  of  the  citizens  of  th 
us  well  as  ofthc  States  by  which  it  is  surrounded,  and 
which  it  has  heretofore  been   united,  that  in  our  opinion  it 
be  attempted  until  after  the  must  thorough  investi- 
m,  and  discussion,  and  then  onlj  after  a  lull  and  free  ratifioa- 
the  polls  bj    a  direct    vote  of  the  people,  at  an  election 
under  the  forms  and  safeguards  of  the  law  in  which  that 
le,  untrammelled  and  undisguised  in  an\  manner  what- 
.  should  alone  be  submitted. 

ed  that  the  preamble  and  firsl  series  ofres- 
iken  up  and  substituted  for  the  ordinanc  •. 
The  ayes  and  noes  was  demanded. 

nays  were  then  called  '>n  the  motion  of   Mr. 
and  it  was  lost.      Ayes.  45,  nays.  54. 

sd  in  the  affirmative  aro  Messrs.  A ll«ii,  Barclay, 
!.  Bulger,  Clarke,  of  Lawrence,  Clemens,  Coffee,  Coman, 
Crumpler,  Davis,  of  Madison,  Earnest,  Edwards,  Ford,  Forrester, 
Franklin,  Gay,  Green,  Guttery,  Flood,  Inzer,  Jemison,  .limes,  of 
Fayette,  Jones,  of  Lauderdale,  Johnson,  Kimball,  Leonard,  Lewis, 
McClellan,  Posey,  Potter,  Russell,  Sanford,  shots.  Sheffield, 
Slaughter,  Smith,  of  Tuscaloosa,  Stead  ham,  Steele,  Taylor,  Tim- 
berlake,  Watkins,  Whitlock,  Wilson.  Winston,  Wood—  15. 

Thos  •  who  voted  in  the  negative  are  Messrs.  President,  Bailey, 
r,  of  Barbour,  Baker,  of  Russell,  Barnes,  Beck,  Blue,  Bol- 
.  Bragg,  Catterling,  Clarke,  of  Marengo,  Cochran,  Coleman, 
( Jrawford,  <  Ireech,  <  !rook,  <  'urtis,  I  taniel,  I  targan,  1  >avis,of  <  loving- 
ton,  I  hu  is.  of  I  'tokens,  I  >owdell,  Foster,  <  ribbons,  <  rilchrist,  1  law- 
kins,  Henderson,  of  Pike,  Henderson,  of  Macon.  Herndon,  How- 
Humphries,  Jewett,  Krtclniin.  Love,  McClanahan,  McPhe* 
MeKinnie,   Morgan,  Owens,  Phillips,  Ralls,    Rives,    Ryan, 
Shortridge,  Silver,  Smith.  of  I  lenry,  Starke,  Stone,  Watts,  Webb, 
Whatley,  Williamson,  Yancey,  Velvet-ton—.".!. 

Mk.  i  !]  bmbns  offered  tlie  following  amendment  : 

P  rided,  however,  that  this  ordinance  shall  not  go  into  effect 
until  the  4th  day  of  March,  1861,  and  not  then  unless  the  same 
shall  have  been  ratified  and  confirmed  by  a  direct  vote  of  the 
people. 


niE  CONVENTION  OF  ALABAMA.  81 

The  ayes  and  noes  were  taken  on  the  amendment,  and  were, 
ayes,  45,  nays.  54,  and  the  amendment  was  lost. 

Those  who  voted  in  the  affirmative  are, Messrs.  Allen, Barclay, 
Heard,  Bulger,  Clarke,  of  Lawrence,  Clemens.  Coffee,  Coman, 
Crumpler,  Davis,  of  Madison,  Earnest,  Edwards,  Ford,  Forres- 
ter, Franklin,  Gay,  Green,  Guttery,  I  loud.  Inzer,  Jemison, 
Jones,  of  Fayette,  Jones,  of  Lauderdale,  Johnson,  Kimball,  Leo 
aard,  Lewis,  McLellan,  Posey,  Potter,  Russell',  Sanford,  Sheets 
Sheffield,  Slaughter,  Smith,  of  Tuscaloosa,  Steadham,  Steele,  Tay- 
lor. Timberlake,  Watkins,  Whitlock,  Wilson,  Winston.  Wood 
-r45. 

Those  who  voted  in  the  negative  are  Messrs.  President,  Bailey. 
Baker,  of  Barbdnr,  Baker,  of  Russell,  Barnes,  Beck,  Blue,  Boiling, 
Bragg,  Catterling,  Clarke,  of  Marengo,  Cochran,  Coleman,  Craw- 
ford, Creech.  Crook.  Curtis,  Daniel,  Dargan,  Davis,  of  Covington, 
Davis,  of  Pickens,  Dowdell,  Foster,  Gibbons,  Gilchrist,  Hawkins, 
Henderson,  of  Tike.  Henderson,  of  Macon,  Hernd-m.  Howard. 
Humphries,  Jewett,  Ketchum,  Love,  McClanahan,  McPherson, 
MeKinnie,  Morgan,  Owens.  Phillips.  Ralls,  Rives,  Ryan,  Short- 
ridge,  Silver.  Smith,  of  Henry.  Starke,  Stone,  Watts,  Webb, 
Whatley,  Williamson.  Yancey,  Yelverton — 54. 

Me.  YANCEY  moved  to  take  up  the  Ordinance  of  Secession,  and 
that  it  he  adopted. 

Pending  this  motion  Mr.  CLARK,  of  Laurence,  said  : 

Mr.  President — As  separate  secession  is  not  a  right,  so  it  is  not 
a  remedy.  As  a  question  of  policy,  merely,  a  more  appalling  pic- 
ture can  scarcely  be  presented  to  the  eye  of  the  patriot  and  phi- 
lanthropist, than  that  of  separate  State  secession.  There  is  some- 
thing repulsive  in  the  very  exelusiveness  of  its  mime. 

Ir  is  no  remedy,  because  it  would  remove  no  evil.  Tim  slavery 
question,  the  "  Iliad  of  all  our  woes,"  would  not  be  decided  in  our 
favor,  Ot  even  settled  in  any  way.  It  would  still  continue,  a  vital 
aad  ever-present  issue.  If  we  succeed  in  quieting  or  removing 
this  cause  of  disturbance,  we  have  accomplished  all  —if  we  fail, 
Dothing.  II  ow  shall  separate  Becessioo  effecl  this  result  '.  It  would 
he  a  revolution  of  the  Government,  it  is  true,  hut  it  would  not  rev- 
olutionize the  Northern  mind.  It  would  neither  huafa  the  pulpit, 
calm  the  forum,  nor  purify  the  quarters  of  Black   Republicanism 

This  mode  of  action  certainly  can  afford  no  relief  for  the  y.\-'. 
It  is  equally  clear,  it  oao  provide  do  security  for  the  future.      Def 


KIBTOIM     \M' 

<1  iii-irv  means  of  Belf-defence— ii  edition  tq 

...I  without  the  power  I  -the 

rnment  provoked  into  hostility  by  <>vn 

• 

'ion  ; 
i  the  West,  to     Atl 

Prom  the 

ipon  as  -with  bo  foj  vc  law  t..  ; 

rty  -  without  a  treasury, an  army  or  a  navy — wo should 

be,  inde<  1.  the  Niobe  of  nations,     Intimidated  by  our  own  weak- 

I  by  our  lition,  and  exhausted  by  de- 

rvation— ail  his  tor j  that  but 

i  await  u~.     The  proud  spirit  of  "ur  people  bruised, 

broken,  and  at  last  oven le  by  these  oombin  >uld 

demand  pi  the  d  rnier  n  -  n,  from  Borne  strong  r  | 

cr — aud  Alabama  ultimately  b  loomea  dep<  i  I  Britain, 

orof  I  o  return  ••  in  secret,  in  silence  and 

■"  to  the  American  Confederacy  !     The  minor  States  of  unoient 
paying  tribute  to  Sparta  or  Athens,  great  as 
the  |  ;■  the  other  was  paramount,  afford  a  mournful 

and  instructive  lesson  upon  this  melancholy  subject.  The  small 
feudatories  of  the  eleventh  and  twelfth  centuries,  in  England, 
offer  sad  examples  of  the  well  established  historical  truth,  that  a 
weak  State  can  only  maintain  a  nominal  independence—  i  soi 
political  wardship  when  environed  by  more  powerful  hcighl 
..  therefore,  bo  i'ar  from  enabling  us  the  mot 
•  ore  t lie  interests  of  sis  ild  only  invite  the 

•;     i  isy  prey  of  Northern  marauders.     Na- 
nol  improvised.     They  are  the  alow  snd  »wth 

of  centuru  -      ••  A  thousand  years  scarce  b< ■em  to  ui  -   ite. 

The  si  a  e  i  :  insecurity,  which  our  forlorn  condition  would  beget, 

tainly,  Would    drive    Oapital    away;   just    at    the    time,  too. 

Id  need  it  moat.     The  cost  of  administering  a  gov- 
ernment is  in  inverse  proportion  to  its  aise.     Federal  officers  with 

Shylook    avidity,  would    -ei/.e  the    jmhlie    revenue  in    every  collec- 
tion   district,  and    direct    taxation    would  be  the   only    resource    for 

funds  with  whioh  to  Bupporl  the  machinery  of  government,     Out 

to  the  earth  by  a  Bystem  of  taxation  more  intol- 

:••  than  that  of  despotic  Austria,  and  impelled  likewise,  by  the 

net  of  self-preservation,  would  strike  their  tents  ami  emigrate 

to  the  West     Thus  deserted  by  population,  our  lands  would  pass 

out  of  demand,  and  depreciate;  and  our  negroes,  too,  cease  to  ho 

valuable  for  want   of  a   market.     This  emigration   would  go  on 


THE    CONVENTION    OK    ALABAMA.  8,'> 

chiefly  from  the  white  population,  and  the  dismal  proportion  of 
negroes  which  we  have  already,  would  then  become  absolutely 
alarming.  Our  lovely  State,  with  its  few  Caucasian  inhabitants, 
would  be  converted  into  a  kind  of  American  Congo. 

Should  Alabama  and  South  Carolina  withdraw  their  representa- 
tion in  Congress,  the  democratic  majority  there,  which  makes 
the  present  of  slavery  secure,  according  to  the  infamous  Phillips, 
would  be  destroyed  ;  and  Virginia,  Kentucky,  Missouri  and  Ten- 
nessee, the  great  central  slave  and  border  States  being  left — un- 
generously abandoned  to  the  implacable  vengeance  of  their  relent- 
less foe,  would  seek  safety  for  their  slaves  in  emigration,  and  fair 
cqukolency  in  Southern  markets;  and,  besides  crowding  the  Gulf 
States  with  a  ruinous  surplus  of  the  black  race,  would  themselves, 
by  gradually  yielding  up  their  lands  to  the  exclusive  culture  of 
incoming  whitcmen  from  the  North,  become  free  States.  Thus 
the  institution  of  slavery,  gradually  receding  before  the  Northern 
avalanche  of  abolitionism,  pressing  down  upon  it  like  a  glacier 
in  the  gorges  of  the  eternal  Alps,  and  coming  southward  from 
State  to  State,  would  finally  perish.  "We  should  then  believe,  but 
all  too  late,  the  recent  declaration  of  Senator  Wade,  "  separate 
State  secession  is  the  decree  for  universal  emancipation."  This 
evil  could  not  be  remedied  by  laws  prohibiting  the  immigration 
of  negroes  to  the  State.  In  thus  attempting  to  avoid  Charybdis, 
we  should  be  wrecked  upon  Soylla.  To  obstruct  the  inter-slave- 
trade,  is,  at  once,  to  "  clip  the  golden  hair  from  the  head  of  Nisus/' 
The  Black  Republicans  desire  nothing  more.  It  is  the  policy, 
therefore,  of  Alabama  to  remain,  if  not  in  the  Union,  at  least  in 
the  South  with  Virginia,  Tennessee  and  Kentucky,  interposed  be- 
tween her  and  the  region  of  danger,  if  for  no  other  purpose  than 
to  give  protection  to  her  own  property.  But  she  owes  this  much, 
at  least,  to  those  States  themselves.  Her  patriotism,  chivalry  and 
magnanimity  could  never  be  excused  for  ingloriously  deserting 
them  in  this  hour  of  awful  peril.  The  hostile  tread  of  abolition 
invaders  will  only  desecrate  the  virgin  soil  of  Alabama,  when  the 
courage  of  the  Old  .Dominion  becomes  a  myth  and  the  Kentucky 
rifle  a  fable. 

Surely,  Alabama  ought  to  exhibit  no  indecent  haste  in  cutting 

the  companionship  of  Virginia.      She   is  a  powerful  auxiliary — a 

tried  friend.     1ft!  if  Virginia,  losing  annually  a  hundred 

•  as  much  property  as  out  own,  and  submitting  to  a  thousand 

indignities  to  which  our  people  are  strangers,  can  remain  in  the 

;  long  enough,  to  select  with  some  deliberation  the 

mode  of  retiring  from  it,   certainly   Alabama's   honor    will 

not  be  compromised  by  the  determined  abandonment  of  a  friend, 


so  dear  ami  invaluable,     h  is  said  thai  il  Virginia  and  Kentucky 

let  them  follow  Alabama.     Hut  is  ii 

n.ii  .  inrteous,  aelfisfa  and  unkind,  for  any  one  State 

■  the  Supr  me  Dictatorship  of  fourteen  equals? 

.■  i'ii  sentiment  b  opposed  to  separate  S    I  ssion  ;  and 

A  ■  majority,  at  Least  ■  large  minority  of  our  own  ]>-'>i>N'  are 

ntlj  hostile  to  it     This  circumstance,  alone,  should  be  coa 

elusive  against  the  policy.     A  large  part  of  the  produce  of  North 

Alabama  finds  a  market  in  Tennessee,  or  passes  through  that  State 

<>ii  [te  way  to  it.     North  Alabama  has  no  idea  of  permitting  her 

ind  cotton  to  run  the  gnantlet of  passports,  custom  hoi 

and  the  othat  machinery  of  a  foreign  government  as  they  ^>  t" 

market.     Already  many  of  her  best  and  truest  citizens  are  speak 

log  i  'i  from  Alabama  and  annexation  to  Tennessee  :  thus 

illustrating  at  once  the  utter  absurdity  of  the  doctrine  of  secession, 

alias  foreshadowing  th    Btorm  that  is  impending  over  our  ofb 

Shall  v..'  » ver  live  to  behold  the  day  v.  hi  .1  Alabama,  having 

.    the  untried   responsibilities  of  separate  secession,  shall 

find  In  rself  torn,  convulsed  and  rent  in  twain  by  the  dissensions  of 

An  people  '.       Shall  the  martial  roll  til'  the  warlike  drum  ever 

lie  heard  reverbrating  through  the  deep  ravines  of  the  Sand  Moun- 
tains, calling  the  clansmen  of  the  hills  against  our  brothers  ol  the 
South':  Shall  gritn-viaaged  war  lilt  Ids  horrid  front'1  above  the 
lian  valley  of  the  Tennessee,  and  bestain.and  overspread  with 
slaughter's  pencil  those  beautiful  and  picturesque  landscaj 
brighter  than   any  scene   whieh  ever   Bashed   admiration  upon   the 

shepherd's  soul  among  those  flowering  peaks, where  "smooth  Pe- 
ueusglassv  Hood  re  (lee  is  purpurea!  Tempi'-  plea -ant  scene  .'"  Shall 
the  \ery  Kdin  of  peace,  become  the  home  of  strife,  of  carnage  and 
of  destruction  t    The  hare  probability  of  ntoh  a  thing  ••fills  me. 

and  thrills  me  with  terrors  no  mortal  e\  er  felt  hef.ire."      Great  God 

forbid  ii! 

In  her  name,  and  by  her  authority,  1  implore  you  to  yield  some- 
thing, lor  oner,  to  the  demand  ol'  North  Alabama-  -to your  brothers 

who  have  the  -am.-  OOmmon  CBUBe,  danger  and  destiny,  the  same 
fathl  n  and  mothers  to  wateh  over  and  pray  for  you;  who  love  and 

cherish  yon,  and  whose  brave  hearts  and  Btrong  arms  will  bleed 

and  Btrike   for  you  in  peril's  darkest   hour.      Although   cautious  in 

council,  North  Alabama,  w  hen  the  conflict  comes,  if  come  i>  moat, 

will  had  your  army  to  victory  and  to  glory. 

What  abolition  aggression  do  yon  resist  by  j:oing  out  of  the 
Union  alone?     Will   it  repeal  the  persona]  liberty  hills  of  the 

h  .'      Will  it  return  a  single   fugitive  slave'/      Can  it  prevent 
the  abolition  of  shivery  in   the  District  of  Columbia?  or  the  sup- 


THE    CONVENTION    OF    ALARAMA.  8f> 

pression  of  the  inter-State-slave  trade  ?  Alabama  by  seceding,  vol- 
untarily relinquishes  whatever  of  interest  she  has  in  the  golden 
fruitage  of  the  territories — the  Hesperides  of  America.  lias  the 
cotton  bloom  no  interest  in  the  Indian  territory  worth  Alabama's 
attention  ?  Can  you  witness  without  a  pang  the  federal  assetts  go 
to  enrich  thi>  coffers  of  your  enemies  ?  Will  you  shed  not  a  tear 
when  you  bid  farewell  to  that  army  and  navy,  around  which  so 
many  glorious  recollections  cluster,  and  in  which  Southern  valor 
has  won  such  unpcrishable  laurels  ?  But  above  all,  to  say  noth- 
ing of  the  grave  of  Washington  and  the  home  of  Clay,  are  you 
ready  tamely  to  surrender  the  Temple  of  the  Constitution — the 
Jerusalem  of  our  hopes — to  the  Saracens  who  bcleager  it  ?  South- 
ern patriots  !  can  you  repose  in  quiet  upon  your  pillows  while  the 
Constitution  of  your  fathers — the  grandest  effort  of  human  work- 
manship— writhes  in  the  harpy  hands  of  Black  Republicanism  ? 
Can  you  prevent  this  deplorable  consummation  by  separate  State 
action  ?  Delude  not  yourselves  with  the  vain  hope,  that  if  this 
Government  is  picked  to  pieces  by  fragments,  it,  or  any  consider- 
able portion  of  it,  can,  upon  some  self-adjusting  principle,  ever 
reunite  in  sufficient  strength  to  demand  and  assert  our  claim  to 
any  of  the  Federal  property  which  we  shall  abandon.  Has  his- 
tory been  written  in  vain  ?  Shall  we  not  profit  by  the  experience 
of  the  past?  If  our  fathers,  surrounded  by  all  of  the  terrors  of 
the  Revolution,  could  scarcely  form  a  Union,  how  can  their  sons 
expect,  in  times  of  peace,  to  restore  the  unity  of  a  disintegrated 
South  ?  If  a  few  weak  and  nerveless  colonics — without  money 
and  without  men — doubted  long,  and  finally  agreed  with  great  re- 
luctance, do  you  suppose  that  fifteen  Sovereign  States,  as  you  so 
love  to  call  them,  would  mingle  again  gracefully  into  one  ?  Said 
Mr.  Madison,  in  1829,  "In  the  event  of  a  dissolution  of  the  Union, 
an  impossibility  of  ever  renewing  it  is  brought  home  to  every  mind 
by  the  difficulties  encountered  in  establishing  it.  But  you  ask 
me,  where  then  would  be  a  unity  of  interest,  a  unity  of  climate 
and  a  unity  of  soil — what  would  prevent  a  union  in  politics  ?  The 
same  causes  which  came  so  near  defeating  the  hopes  of  liberty  un- 
der the  Articles  of  Confederation,  and  which  rendered  the  present 
Constitution  a  necessity.  The  same  causes  which  have  operated 
in  all  ages  and  in  all  instances  wherever  the  federative  system  has 
been  attempted.  History  abounds  with  examples.  The  bad  pas- 
sions of  men.  and  the  passions  of  bad  men.  The  ambitious  schemes 
of  selfish,  political  leaders,  and  the  honestly  entertained  views  of 
others — petty  rivalry  and  jealousies — various  views  of  government, 
questions  of  boundary,  perhaps,  and  conflicting  commercial  regu- 
lations." 


Hut  I,  lifter  striking  Alabama  from 

i  provoking  :i  war  with  the  General 
rnment,  it'i    was  do!  imposed  upon  you, and  by  thus  dcsohtt- 
.:■  b  rdera  and  slaughtering  her  peaceful  citizens,  drag- 
r  Southern  States  unto  I  a  union 

would  you  do  it  '.'     Every  instinct  of  philanthropy,  and 
ion  humanity  answers  for  yon  a  thousand  times,  m>.     My  chief 
objection,  therefore,  to  »ion,  is,  thai  it   would  be  a 

inion   of  the  South  :  a  thought  so  gloomy  and  awful  that  it 
only  to  be  m<  otioni  d. 
These  are  a  few  of  the  numerous  objections  to  peaceable  separ 
iion.     But  could  this  policy  be  carried  out  peace  ibjy  i 
I  think  not     [I  musl  be  followed  Booner  or  later,  by  an  appeal  to  the 
high  arbitrament  of  arms — where  the  eloquence  of  artillery  would 
!,-,  and  tfa  t'a  bloody  poinl  decide.     The  annals  of  :fll 

time  furnish  but  few,  if  any,  instances  of  a  people  changing  their 
allegiance  by  a  bloodless  revolution.  II"  the  '■•  neral  Government 
wen-  to  attempt  to  c  >erce  the  State,  thai  would  determine  the  <|ucs- 
ti.ni  a(  nine,  [f  the  incoming  administration,  however,  should 
adopt  the  constitutional  constructions  of  its  predecessor,  the  un- 
nii   alternative  will  be  I  of  engaging  in  a  civil  war, 

or  of  submitting  to  the  collection  of  the    Federal   rev<  nus.     A 
pie,  ground  down  by  taxation,  will  not  be  long  in  decid- 
ing that  question i     I  shall  not  argue  to  it.     A  settled  gloom  comes 

OVt  r  the  mind  and  deadly  BtckceSS  Bteuls  upon  the  heart  at  its  mere 

eon  tern  plation.     One  paragraph  from   that  magnificent   burst  of 
iry,  uttered  by  Mr.  Webster  in  the  meat  Btrifeof  1850,  which 
lew  Bplendor  from  the  impending  crisis,  is  worth   more 
than  all  of  my  argument :"  Who  rybody'e 

•;   to  Bee  any  Buch  thing ''.     Sir,  be  who 
now  revolving  in  harmony  around  a  common  cen 
and  •  Bee  them  quit  their  plaoes  and  fly  off  without  con- 

vulsion, may  look  the  next  hum-  to  Bee  the  heavenly  bodies  rush 
from  their  spheres  and  jostle  against  eaoh  ether  in  the  realms  of 
space,  without  causing  the  wreck  of  the  universe.     There  oan  be 
ich  thing  as  peaceable  Peaceal  lion  is  an 

utter  impossibility.     Is  the  gicat   Constitution  under  which  we 
live     covering  this  whole  country — is.it  to  be  thawed  and  melt- 
tway  by  secession  as  the  Bnows  on  the  mountains  melt  in  un- 
der the  influence  of  a  vernal  sun,  disappear  almost  unobserved 

and  inn  off?      No,  sir!    No,  sir!      I  will  DOl  state  what  might  pro- 
due,-  disruption:  of  the  Union  :  but  sir,  1  see  as  plainly  as  I  see  the 
□  what  that  disruption  itself  must  produce.     L  see  it 
•  produce  war,  and  Buch  a  war  1  will  not  describe  in  its  two- 
I  oh  tracter." 


mi:    COm  BIS  I  [OH    01     ALABAMA.  &i 

The  only  hope  for  a  peaceable  secession  is  in  a  United  South  ; 
and  that  alone  Can  afford  certain  security  to  the  future  of  slavery. 
Now  is  the  time,  too,  if  ever,  that  it  can  be  effected.  Southern 
sentiment,  although  opposed  to  separate  secession,  is  ripe  for  a 
Union  of  the  South.  That  moral  revolution  which  must  always 
precede  political  changes,  has  been  already  wrought.  Lincoln's 
election — a  standing  menace  to  slavery — by  a  party  organized  upon 
a  basis  of  hostility  to  that  species  of  property,  in  which  all  of  the 
Southern  States  are  so  largely  interested,  will  force  the  South  into 
unity  of  idea. 

A  United  South  !  What  music  to  the  patriot's  ear  !  In  it  would 
be  realized  the  brightest  dreams  of  Southern  statesmanship — the 
life-long  ambition  of  the  great  Calhoun  consummated — and  the  in- 
stitution of  slavery  protected  forever  against  the  propagandists  of 
the  Northern  mania.  A  united  South  implies  all  that  is  profitable 
in  practice,  beautiful  in  theory,  and  stupendous  in  conception.  A 
salubrious  climate,  fertile  soil,  and  nearly  nine  hundred  thousand 
square  miles  of  slave  territory ;  fifty  navigable  rivers,  unlocked  by 
the  rigors  of  winter;  a  sea  coast  by  ocean  and  gulf  almost  immeas- 
urable ;  a  population  in  the  year  1850  of  nearly  ten  millions;  her 
property  worth,  exclusive  of  slaves,  in  round  numbers,  three  bil- 
lions ;  and  fifty-five  millions  of  acres  of  improved  land,  groaning  be- 
neath the  richest  of  harvests.  The  cash  value  of  her  farms,  two 
billions  of  dollars  ;  In  r  farming  implements  alone  worth  sixty 
millions  of  dollars  ;  her  agricultural  products,  estimated  at  six  hun- 
dred and  thirty-two  millions  of  dollars;  each  agriculturist  earning 
in  the  sweat  of  honest  industry,  an  average  of  one  hundred  and 
nty-one  dollars  per  annum  :  a  capital  of  ninety-six  millions  of 
dollars  employed  in  manufactures,  and  working  up  in  raw  material 
a  value  of  eighty-seven  millions  of  dollars.  [Here  Mr.  Clark  en- 
larged upon  the  resources  of  the  South,  and  continued:]  Besides, 
the  South  is  the  nursery  of  the  Arts  and  Sciences,  the  land  of 
the  philosopher  j  the  home  of  the  orator  and  statesman,  tlu 
poet,  the  historian  and  the  divine.       Its  chivalry  unvampiishcd  hy 

a 1  or  bv  field,  and  it-:  beauty  blooming  like  "  wild   roses  by  the 

abbey  towers"  in  every  hamlet  and  village.  While  these  statistical 
facts,  taken  indiscriminately  from  the  census  of  1850,  augmented  b} 
a  d<  ■  rease,  demonstrate  thai  the  Smith,  under  the  present 

Government,  has  attained  a  distinction  almost  unrivalled  in  mate- 
rial I  they  admonish  us  I  at  patience  in  fore 
we  destroy  the  Constitution  which  has  supplied  us  with  so  much 
nourishment,  growth  and  wealth.     They  also  show  that  the  South, 

united,  i  •  ithin    herself,  all  of  the  elements  nt    ureat  i 

prosperity  and  independence.     <mr  independence  would  then  be 


HI8TOm      \M'    DBBATK8    <>K 

..  and  our  power,  influence  ami  vast  r<  sources  would 

Coercion  would  then  beoome  a  thing  impossible, 

and  even  fanaticism  itself  would  cot  attempt  it.     The  anited  free- 

men  of  the  South,  standing  above  the  soil  of  their  nativity,  and 

battling  aronnd  the  urns  and  Bepulchrea  of  their  fathers,  can  never  be 

oonquered.     We  Bhould  then  possess^  in  short,  all  of  the  requisites 

.    nation;  the  evils  incident  to  separate  secession  abore  al- 

1  to,  would  be  prevented  ;  and  in  this  way,  if  at  all,  the  long 

•rain  of  deplorable  disasti  ra  consequent  npon  civil  war.  avoided. 

The  North  know  that  we  are  injured  and  that  the  grounds  of 
.in-  complaint  are  just     They  know  that  if  there  is  any  wrong  in 
the  fugitive  slave  law,  we  are  indebted  to  them  for  it.      Almost  be- 
fore their  tracks  were  dry  on  the  decks  of  the  May-flower,  in  1648, 
only  twenty-three  years  after, 

A  !>aml  of  c.\ile>  moor'd  the  bark 
<>n  the  wild  New  England  shore," 

Commissioners  from  Connecticut,  New  Hampshire.  Massachusetts, 

Rhode    Island    and   other  places   enacted  a    Fugitive  Slave    Law 

Let  the  South   in   her  united    majesty    once   more   come    forth 

'•  with  her  cohorts  gleaming  in  purple  and  gold,"   and.  lifting   her 

mighty  voice,  like  the  sound  of  many  waters,  above  the  granite 

hills  of  N(  w    England,  utter  again   to   Abolitionism,  the  edict   of 

.  -n:  "  thou  shalt  not  steal."     We  owe  it  to  the  interests  of  lib- 

-to   republican  institutions,  and  to  the  great    rights  of  man 

throughout  the  civilized  world.     Wc  owe  it  to  that  long  line  of 

posterity  which  shall  rise  up  and  bless  us — to  the  present  with  all 

of  its  untold  grandeur — and  to  the  illustrious  past. 

An  act,  involving  such   momentous  consequences  as  the  tearing 
down  or  building  up  a  government  implies,  should  not  be  done  in 
lion,  pique  6r  precipitation.      We  should  at  least  determine  the 
before  we  dethrone  the  incumbent — agree  upon  the  form 
of  a  new  government  before  wc  destroy  the  old.     Our  ancestors 
marly  a  century  and  a  half  in  erecting  the  present  govern- 
ment of  the  United  States;  and   in  the  Convention  which  assem- 
bled in  Albany  in  1754,  its  ruling  spirit,  l>r.  Franklin,  and  his  08- 
ite  commissioners,  unlike  our  separate  secession  advocates. 
ipmrned  the  idea  of  separate  Confederacies.      Indeed,  colonial  his- 
tory fully  proves  that  the  great  statesmen  who  were  acting  uuder 
a  ugh  and  patriotic  sense  of  their  responsibilities  to  mankind,  and 
whose    deliberations  resulted  in   the  formation  of  a  government, 
which  up  to  the  present  moment  has  been  regarded   with  wonder 
and    admiration   by   the  civilized   world,  were  controlled    by  two 
principles,  which   obtain  but  little  favor  with  the  government  ma- 
kers of  the  present  day  :   the  greatest  caution  and  a  strong  desire  for 


THE  CONVENTION  OF  ALABAMA.  Sj) 

united  action.  Thej  wore  acting,  too,  under  circumstances  ten 
times  more  alarming  than  those  which  surround  us,  and  with  pre- 
cisely the  same  object  in  view — self-protection  against  external 
danger.  Even  alter  hostilities  had  commenced  in  the  province  of 
Massachusetts-,  they  published  resolutions  renouncing  trade  with 
Great.  Britain,  Canada  and  the  Colonies  ;  they  preferred  petitions 
to  the  King;  and  it  was  only  after  argument,  persuasion,  remon- 
strance, entreaty,  non  intercourse  and  every  other  conciliatory 
measure  had  been  exhausted,  that  they  struck  the  final  blow  which 
made  America  tree. 

What  a  change  has  come  over  the  spirit  of  South  Carolina's 
dream  !  Then  she  was  prudent.,  cautious,  full  of  delay;  even  up 
to  the  first  day  of  duly,  1770,  although  her  arms  had  flashed  forth 
at  Fort  Moultrie  in  a  blaze  of  glory,  she  had  not  given  in  her 
hcrence  to  the  Declaration  of  Independence;  and  the  reason,  still 
more  singular,  was  that  oue  of  her  deputies  wanted  time  to  u>iif< 
otlu  rs  in  the  jnoji  vt. 

For  these  reasons,  with  many  others,  it  is  the  policy  of  Alabama, 
(dearly  indicated,  to  invite  a  Conference  of  the  Southern  States 
for  consultation  and  endorsement.  What  should  be  the  policy  of 
that  Convention,  it  is  not  for  me  to  anticipate.  But,  that  great 
good  would  result  from  it  we  may  safely  hope.  If  some  plan  of 
reconciliation  were  derived  by  it  which  should  satisfy  the  demands 
id'  the  Southern  States,  as  1  confidently  believe  would  be  done, 
certainly  every  good  patriot  would  hail  it  with  delight.  But  if, 
after  we  have  made  tins  last  appeal  to  the  justice  of  the  North — 
alter  we  have  exhausted,  like  our  revolutionary  fathers,  argument, 
persuasion  and  e. treaty,  injustice  and  wrong  shall  continue  to  rule 
theii  counsels — thus  manifesting  the  determination  to  wage  the 
"  irrepressible  conflict"  until  the  foot  of  the  slave  shall  no  longer 
tread  the  soil  of  the  South — then  no  constitutional  scruples  abou 
State  sovereignty  or  Federal  coercion  will  be  mooted;  the  South 
in  grand,  unbroken  and  consolidated  unity,  would  appeal  to  that 
right  which  is  higher  than  all  constitutions — which  tears  down 
and  sets  up  governments— which  topples  dynasties  and  crushes  em- 
pires— which  dethrones  kings  and  decapitates  tyrants — the  im- 
placable right  which  the  Great  (Jod  of  the  Universe  has  granted 
to  man  in  the  eternal  charter  of  the  skies — the  right  of  every  com 
niuuity  to  freedom  and  happiness,  and  of  every  people,  when  the 
government  established  over  them  becomes  incompetent  to  fulfill 
its  purposes,  or  destructive  of  the  essential  ends  for  which  it  was 
instituted,  founded  upon  the  law  of- nations  and  the  reason  of  man* 
kind,  and  supported  i>\  the  best  authority  and  most  illustrious  pre- 
cedents, to  throw  off  such  government  and  provide  new  guard-  for 


f)0  ubtori    urn  okhatks  of 

their  future  security.  If  the  wisdom,  the  patriotism  snd  the 
psrienoe  of  tlif  land,  assembled  in  solemn  eounoil,  after  calmly 
surveying  the  facta  and  maturely,  considering  the  consequences  of 
their  act,  ^hall  be  of  the  opinion  that  the  dearesl  interests  of  oar 
people  require  the  destruction  of  the  government,  let  them  quietly 
rtain  and  define  our  grievances ;  and  then  having  adopted  the 
example  of  the  immortal  fathers  of  the  first  revolution,  in  vindica- 
the  second,  '  let  facts  he  Bnbmitted  to  a  candid  world." 
Hut  if  this  Convention  should  neither  restore  peace  nor  declare  in- 
dent odenee,  our  condition  would  be  no  worse  than  it  is  now. 
Onoe  more  therefore,  in  the  names  of  Liberty,  of  Peace,  of  happy 
hours — of  the  aged,  of  the  poor,  of  our  mothers,  of  our  Bisters — of 
helpless  humanity  throughout  the  borders  of  our  State.  I  implore 
you  to  concede  something  to  the  counties  of  North  Alabama, 

lis.  Timhkki.akk  offered  the  following  amendmenl  : 

id  by  inserting  the  following  after  the  second  section  of 
•he  Ordinance,  viz : 

Ami  it  being  the  desire  of  the  State  of  Alabama  to  form  a  Pro 
■iial  Government,  and  a  Southern  Confederacy',  upon  the  bs> 
.,-  of  the  Constitution  of  the  United  States  of  America,  with  such 
of  the  slaveholding  States  as  will  join  in  forming  the  same;  and 
the  present  resumption  of  its  powers  are  declared  to  be  for  that 
purpose. 

■fa.  TiMitKiaAKK  said  : 

In  proposing  this  amendment,  he  hoped  to  so  explain  an  ordi- 
nance bj  the  adoption  of  which.  Alabama  proposes  to  resume  the 
powers  heretofore  delegated  to  the  Federal  Government,  as  to 

'online  the  future  action  of  the  State,  iii  the  exercise  of  those  pow- 

■i>,  to  the  formation  of  a  Confederacj  of  Southern  States,  lb 
.\  as  unwilling  to  clothe  Alabama  \s  ith  those  powers  for  au\  other 
purpose;   he  could  but  regard  the  experiment  of  States,  (formerh 

belonging  to  the  United  States,)  setting  up  for  themselves  separate 

independent  Governments,  as  being  dangerous  and  unwise  in  poll- 

■  ■>,  and  as  it  had  been  a  question  upon  which  the  parties  in  this 
Convention  differed  in  the  late  canvass,  both  agreeing  thai  the  ob 
iect  and  purpose  of  secession  was  the  formation  of  a  new  Confed- 
eracy With  Southern  States.  The  Ordinance  thus  explained,  will 
be  complete  for  that  purpose.  He  was  willing  that  Alabama 
.should  resume  the  delegated  powers  for  that  purpose  and  for  no 
other. 


THE  CONVENTION  OK  ALABAMA.  91 

This  Convention  has  power  to  adopt  all  measures  for  the  de- 
fence  of  the  interest  and  honor  of  Alabama,  as  well  before  as  af- 
ter the  act  of  separation. 

Mr.  Wiiati.kv  paid: 

The  amendment  of  the  gentleman  from  Jackson,  is  already  in- 
corporated in  the  Ordinance  proposed  by  the  Committee.  The 
only  spirit  and  object  of  the  <  Ordinance  is  to  accomplish  what  the 
gentleman  proposes.  It  seems  that  no  explanation  or  solicitations 
by  the  Chairman  of  the  Committee,  and  other  members,  can  suit 
the  taste  of  the  gentleman  from  Jackson;  I  therefore  move  t<> 
lay  his  amendment  on  the  table. 

Mb.  Yancey  said: 

lb  was  willing  to  vote  for  a  proposition  that  it  was  the  de- 
sire and  intention  of  the  people  of  Alabama  in  seceding,  to  join 
other  seceding  States  in  erecting  a  Southern  Confederac]  of  States 
upon  the  principles  of  the  Constitution  of  the  United  States  of 
America.  But  he  could  not  vote  for  the.  proposition  of  the  gen- 
tleman from  Jackson,  [Mr.  Timberlake,]  because  it  announced 
such  design  as  the  sole  motive  in  seceding  from  the  Union,  lb 
asked  the  attention  of  the  gentleman  from  Jackson  to  this  dis- 
tinction. If  he  really  desired  an  announcement,  upon  the  part  of 
delegates,  that  they  intended  to  use.  all  proper  efforts  to  frame  a 
Confederacy  of  Southern  States  upon  Republican  principles,  let 
him  alter  his  amendment  so  as  to  express  that  idea,  and  he  will 
receive  a  hearty  support  from  the  friends  of  secession  in  this  Con- 
vention. For  us  to  vole  for  this  amendment  as  now  worded, 
is  to  ask  us  to  declare  a  motive  for  secession  which  was  never  en 
tertained  by  its  friends. 

The  advocates  of  secession  placed  their  action  upon  far  higher 
grounds.     They  believed  that  tie'  rights  and  liberties  ^f  the  peo 
pie  of  Alabama  were  a-sailcd,  and  endangered  by  the  Norl 
majorities,  who  control  a  majority  of  the  State-,  and  who  arc 
about  to  control  the  legislation  of  the  Union. 

Believing  this,  secession,  or  withdrawal  of  the  State  from  un- 
ci- the  power  of  thai  hostile  majority,  was  advocated  purely  for 
j.  he  purpose — for  the,  purpose  alone — of  protecting  and  pr< 
ing  the  endangered  rights  of  the  people  of  this  sovereign  Si.  • 
even  though  not  another  State  should  follow  our  example.  Th 
this  was  the  sole  purpose  of  secession,  yet   we  all  believed  that 
other  States  would  secede,  and  in  that  event    it  was  our  hope  that 


TORI     AM'    I'Kiimi-    OF 

the)  would  join  us  in   forming  a  new  Confederal)  up< Id-fash- 

Republican  princip 

Mter   a  short    discussion,  Mr.  Whatlsi   renewed  his  motion 
to  lay    the  amendment  <>n  the  table. 

The  ayes  and  noes  were  called,  and  resulted:  ayes  62 — noes 

who  voted  in  the  affirmative  were  M  Ulen, 

\ .  Baker  of  Barbour,  Barnes,  Beck,  Blue,  Boiling,  Bragg, 
rling,  <  !larke  of  Marengo,  <  !larke  of  Lawrence,  Cochran,  Cole- 
man, Crawford,  Creech,  Crook,  Curtis,  Daniel,  Dargan,  Davis  of 
Covington,  I  >a \  i -  of  Madison,  Davis  "I'  Pickens,  Dowdell,  Fos 
ter,  Gibbons,  Gilchrist,  Green,  Hawkins.  Henderson  of  Macon, 
Henderson  of  Pike,  Herndon,  Howard,  Humphries,  Jewett,  Jones 
of  Lauderdale,  Ketchum,  Lewis,  Love,  McClanahan,  McCIellan, 
McPherson,  McKinne,  Morgan,  Owens,  Phillips,  Kalis.  Rives, 
Ryan,  Sheets,  Shortridge,  Silver, Smith  of  Henry,  Starke.  Stone, 
Watts,  Webb,  Whatley,  Williamson,  Wood,  Yancey,  Yelverton 
62. 

Those  who  voted  in  the  negative  were  Messrs.  Baker  <>f  Bus- 
sell,  Barclay,  Beard,  Brasher,  Bulger,  Clemens,  Coffey,  Coxnan, 
Crumpler,  Earnest,  Edwards,  Ford,  Forrester,  Franklin,  Gay, 
Guttery,  Hood,  Inzer,  Jemison,  Jones  of  Fayettej  Johnson,  kim- 
ball,  Leonard,  Posey,  Potter,  Russell,  Sanford,  Sheffield,  Slaugh- 
Smitli  of  Tuscaloosa,  Stedham,  Steele,  Taylor,  Watkins, 
Whitlock,  Wilson,  Winston — 87. 

Mi:.  ^  ivcbi  moved  the  following  amendment,  to  be  inserted 
immediatel)  after  the  <  Ordinance,  and  before  the  resolutions  : 

\nd  as  ii  is  the  desire  and  purpose  of  the  peopli  of  Uabaraa 
to  meet  the  Blaveholding  States  or  the  South,  who  may  approve 
such  purpose,  in  order  to  frame  a  provisional  as  well  as  perma 
nenl  Government,  upon  the  principles  of  the  Constitution  of  the 
United  States." 

The  amendment  of  Mr.  Yancey  was  adopted. 

Mr.  \\  ittb  announced  the  presence  of  Ex-Govefnor  .1.   W. 
Mattl        ,(    immissioner  from   Mississippi,  who  was,  on  motion, 

invited  to  a  seat  within  the  bar  of  the  Convention, 


THE  CONVENTION  OK  ALADAMA. 


93 


On    motion   of  Mr.  Jemison,  the  Convention  then  adjourned 
until  to-morrow  (Friday),  at  1  1  o'clock,  A.  M. 


FIFTH  DAY— JANUARY  ELEVENTH. 

The  President  laid  before  the  Convention  the  following  oflieial 
dispatches  from  the  State  of  Florida  : 

Tallahassee.  Jan.  10. — Florida  has  seceded  unconditionally, 

l.\   a  vote  of  sixty-two  to  seven.  M.  S.  PERRY. 

The  other  was  from  Hon.  F.  C.  Bullock,  Commissioner  from 
Alabama  to  Florida,  precisely  similar  to  the  one  from  Gov.  Pern  . 

The  President  announced  that  the  special  order  before  the  Con- 
vention for  this  day.  was  the  reporl  of  the  majority  from  the 
(  'oinmittee  of  Thirteen,  and  the  <  Ordinance  of  Secession. 

Mr.  Jemison,  who  was  entitled  to  the  floor,  said: 

That  he  had  thought  of  submitting  to  the  Convention,  this 
morning,  some  extended  remarks  touching  tins  most  important 
question;  but,  upon  reflection,  he  would  decline  to  do  so.  His 
own  mind  had  long  been  made  up  to  acquiesce  in  whatever  the 
majority  of  the  Convention  might  do.  He  was  pledged,  uncon- 
ditionally, to  his  constituents  to  this  course;  and  lie  would  cheer- 
fully carry  out  his  pledge;  and,  he  trusted,  to  their  satisfaction. 
lie  would  not  only  acquiesce  himself  in  the  passage  <»t'  the  Or- 
dinance of  Secession,  hut,  upon  his  return  to  his  constituents,  he 
would  use  all  honorable  exertions,  it'  need  he.  to  satisfy  the  peo- 
ple with  the  action  of"  this  liody.  This  he  deemed  to  he  his  duty, 
as  suggested  by  every  consideration  of  patriotism.  The  public 
welfare  demanded  unity  of  action  ;  and,  so  fax  as  he  was  concern- 
"d.  the  best  energies  of  his  mind  would  he  devoted  to  that  end. 

Mr,    I ) aiu;  \N    said  : 

1  wish,  Mr.  President, to  express  the  feelings  with  which  I  vote 
for  the  secession  of  Alabama  from  the  Government  of  the  United 

States:   and  to  stale,  in  a  few    words,  the  reasons   that    impel   me 
to  this  act. 

I  feel  impelled,  Mr.  President,  to  vote  for  this  Ordinance  by  an 
overruling  necessity .     Years  ago  I  was  convinced  that  the  South- 


'.» 1  ■     MEB  vtks   ok 

cm  S  i|"  lied  cither  to  separate  from  the  North, 

by  dii — Iving  the  Federal  Government,  or  they  would  l>e  com- 
pelled to  abolish  the  insiitnii.ni  of  African  Slavery.  This, In  mj 
|udgtnrnt,  was  the  only  alternative  :  and  I  foresaw  that  the  Soiath 

I  I  be  compelled,  at  some  day,  tb  make  her  m  lection.     The 
<l.i_\  is  now  come,  and  Alabama  musl  make  her  selection,  either 
sedc  from  the  Union,  and  assume  the  position  of  a  sovereign, 
independent  State,  or  she  musl  Bubmit  to  of  policy 

the  part  of  the  Federal  Government  that,  hi  a  short  time,  will 
compel  her  to  abolish  African  Slavery. 

Mr.  President,  if  pecuniary  loss  alone  were  involved  in  the 
abolition  of  Blavery,  I  should  hesitate  long  before  I  would  give  the 
I  uow  intend  to  give.  It'  the  destruction  of  slavery  entailed 
on  us  pov.rty  alone,  I  could  bear  it.  for  I  have  seen  poverty  and 
felt  its  sting.  But  poverty,  Mr.  President,  would  be  one  of  the 
least  of  the  evils  that  would  befall  us  from  the  abolition  <'f  Afri- 
can slavery.  There  are  now  in  the  alaveholding  States  over  four 
millions  of  slaves;  dissolve  the  relation  <  if  master  and  s'ave,  and 
what.  I  ask.  would  become  of  that  race  .'  To  remove  them  from 
amongst  us  is  impossible.      History  gives  us  no  account  of  the 

lus  of  such  a  number  of  persons.  We  neither  have  a  place 
to  which  to  remove  them,  nor  the  means  of  such  removal.  Thev 
therefore  must  remain  with  us;  and  it'  the  relation  of  master  and 
slave  l.e  dissolved,  and  our  slaves  turned  loose  amongst  ns  with- 
out restraint,  they  would  either  be  destroyed  by  our  own  bands — 
tie-  hands  to  which  they  look,  and  look  with  confidence,  for  pro- 

on — or  we  ourselves  would  become  demoralized  and  degraded. 
The  former  result  would  take  place,  and  we   ourselves  would    lie- 

oome  the  executioners  of  our  own  slaves.     To  this  extent  would 

the  poliev    of  our   Northern  enemies  drive  lis  ;  and  thus  Would  we 

not  onlv  be  reduced  to  poverty, but  what  is  still  worse,  wc  should 
1»e  driven  to  crime,  to  the  commission  of  sin ;  and  we  must,  thert 
fore,  this  day  elect  between  the  Government  formed  by  our  fath- 
ers (the  whole  spirit  of  which  has  been  perverted,)  and  povj 

iVDORIMVl      This    being   the   alternative,  I    cannot    hesitate  for   a 

moment  what  my  duty  is.  I  must  separate  from  the  Government 
of  the  United  States,  and  abandon  the  Government  of  my  fathers, 

Under  which  I  have  lived,  and  under  which  I  wished  to  die. 
Hut   I  must    do    my  duly    to  my    i in   and    my  fellow-beings ; 

and  humanity,  in  my  judgment,  demands  that  Alabama  should 
separate  herself  from  the  Government  of  tic  United  States. 

It'  I  am  wrong  in  this  responsible  act.  I  hope  my  God  ma}  for- 
me;  for  I  am  not  actuated,  as  I  thi.lk,  from  any  motive  save 
mat  Of  justice  and  philanthropy  ! 


THE  CONVENTION  OF  ALAHAMA.  '.».'» 

Mb.  Poskv  said  : 

Mr.  President — Before  the  vote  is  taken,  I  desire  to  oiler  some 
reflections,  not  arguments,  upon  this  solemn  occasion.  I  admit 
the  time  tor  argument  is  passed.  The  test  votes  taken  upon 
the  question  clearly  indicate  the  determination  of  a  majority 
on  this  floor,  to  withdraw  Alabama  from  the  Government  left  u-: 
by  our  fathers,  and  which  all  here  once  valued  as  our  richest  in 
heritance. 

"I  come  to  bury  Cassar,  not  to  praise  him."  Mr.  President,  1 
know  you  arc  a  man.  having  the  feelings  ot  a  man,  and  can  appre- 
ciate the  sensations  of  the  minority.  Reflect  how  you  would  have 
felt  before  you  had  been  prepared,  head  and  heart,  to  dissolve  our 
relations  with  the  federal  Government.  We  of  the  minority 
have  not  advanced  so  far;  we  would  make  one  more  effort  to  pre- 
serve the  Federal  Government,  and  by  united  action  with  th< 
Other  Southern  States,  demand  and  sustain  all  our  just  rights;  and 
should  such  united  demands  be  refused  by  the  States  of  tin-  North, 
then  to  withdraw  together  from  the  Union. 

The  minority  believe  the  Ordinance  of  Secession  ought  to  be 
submitted  to  the  people;  our  constituents  believe  the  same,  and 
would  submit  more  willingly  to  the  vote  of  the  people  themselves. 
This  Ordinance  will  be  more  distasteful  to  them,  because  they 
have  nol  been  allowed  to  ratify  or  reject  it.  I  hope  they  will  ac- 
quiesce in  the  action  of  a  majority  of  this  Convention.  Division 
at  home  would  be  worse  than  Secession;  this  is  the  opinion  of 
the  minority  on  this  floor, upon  mature  reflection.  The  first  im- 
pression of  some  of  us,  was,  if  the  Convention  refused  to  submit 
the  question  to  the  people,  to  bolt  the  Convention  and  return  home. 
This  intention  we  have  abandoned;  the  conciliatory  course  of  the 
majority  on  this  floor,  was  wise  and  prudent,  and  has  induced  m 
to  remain;  and  aa  we  conceive,  without  being  responsible  for  the 
.\  ■  of  Secession,  we  can  stay  here  and  aid  in  providing  for  the 
emergencies  of  the  future1. 

Mr.  JoNBS,  of  Lauderdale,  said: 

That  he  had  not  wasted  the  time  of  the  Convention  by  lac 
tioua  opposition  to  the  action  of  the  majority;  he  did  not  desire  to 
do  so  now.  vet  he  thought  the  act  about  to  lie  performed  would 
justify  him  in  occupying  the  time  of  the  Convention  for  a  few 
moments. 

This  had  been  the  most  solemn  hour  of  his  Lift — he-expected  to 
feel  i,o  more  solemn  when  he  should  stand  in  the  presence  of  the 
Kini;  ot'  Terrors. 


HISTORY     \N'n    DKHATES    OF 

eer  the  tie*  thai  have  hitherto  bound  us  to  the 

•  .  enter  upon  an  unknown  sea  of  experiment. 

Ilf  would  not  argue  the  propriety  of  thai  act.    The  whole  historj 

if  this  Convention  proves  that  tin-  decision  is  already  mad< — thai 

member  lias  determined  the  coins.'  lie  will  pursuse,  and  is 

■   the  responsibility  of  his  arts  both  now  ami 

ifter. 

Knowing  this,  he  would  not  have  said  one  word,  bul  lor  the 
that  it  was  reported  and  believed  by  many,  thai  the  eonstitu- 
he  represented  were  submissionists  :  this  is  a  ^reat  mistake. 
He  people  of  Lauderdale  arc  as  jealous  of  their  rights,  and  as 
5  i"  resent  an  infraction  of  those  rights,  as  am  people  repre* 
1  on  this  floor — they  have  solemnly  and  unanimously  de- 
ilared,  time  and  again,  that  they  would  not  submit  to  Black  Re- 
publican rule  on  the  principles  enunciated  1>\   that  party — thej 
lold  doctrines  announced  in  your  resolutions  of  Monday  last  t<>  be 
•heir  principles,  and  stand  pledged  to  maintain  them. 
Tis  true,  they  diner  with  you  about  the  time  and  mode  of  re- 
SSJ   thej  think  that  hasty  secession  is  not  the  proper  remedy  ; 
think  it  unwise,  impolitic  and  wanting  in  proper  courtesy  to 
our  brethren  of  the  border  States.     Thus  you  see,  we  do  not  dif- 
about  the  fact,  but  the  manner  of  redress — the  remedy.      But 
ther  your  mode  or  ours  be  wisest,  he  would  not  argue;  that 
•  l>e  left  for  future  history  to  decide. 
He  had  been  much  moved  by  the  remarks  offered  by  the  gen- 
•leinan  from   Green,  [Mr.  Wclib,]     Seventeen  years  ago  he  had 
met  that  gentleman  in  the  House  of  Representatives,  when  they 
were  mere   boys;  since  then,  they    had  met    in    both  ends   of  the 
Capitol,  and  he  had  ever  found  him  ready  to  accord  full  and  ample 
e  to  my  section.     North  Alabama  had  never  drawn  a  drafl 
on  him.  he  did  not  honor.    Then,  sir.  it"  the  danger  which  he  des« 

rfbee    shall    befall   his  section  of  the  State,  he  will  find   us  ready 

md  willing  to  share  every  toil  and  divide  every  danger.     Though 

littering  totally  from  the  majority  on  this  subject,  yet  he  was  a 

Uabama,  born  and  reared  upon  her  soil,  he  had  not.  nor 

oted  to  live  beyond  her  limits.    To  her  heowed  his  fust  alle- 

iianoe,  and  through  her  a  second  t<>  the  Federal   Union,     When 

Alabama  shall  sever  this  last  allegiance  and  hid  him  stand  in  her 

nee,  he  had  but  one  course  of  dutj  left.  When  her  banner  was 

unfurled  he  should  stand  beneath  it — her  friends  should  !"•  his 

is  and  her  enemies  his. 

Tttese  Opinions  were  widely  known  to  his  constituents,  ami  the\ 

him  here  because  they  endorsed  them.     He  would  only  add 

i    he  ha  I  a  boy    16  years  old   now  training  in  your  ranks,  and 


THE  CONVENTION  OF  ALABAMA.  0? 

his  mother  says  that  when  he  is  called  his  father  must  go  with  him  ; 
and  he  could  not  shrink  from  the  responsibility. 

Mr.  Inzer  said  : 

Mr.  President. — This  is  the  most  solemn  period  of  my  life, 
Although  a  young  man,  I  have  been  looking  forward  for  years  to 
a  dissolution  of  the  States  composing  this  Confederacy.  The 
Great  Compact  has  already  been  broken.  South  Carolina,  Flori- 
da and  Mississippi  have  seceded,  and  before  the  going  down  of 
the  sun  the  State  of  Alabama  will  have  declared  her  independence, 
and  no  longer  be  one  of  the  United  States  of  America.  1  am 
pledged  to  oppose  the  Ordinance.  1  told  the  people  of  the  county 
which  I  have  the  honor  to  represent,  that  if  elected,  I  would 
most  assuredly  vote  against  immediate  separate  secession;  and  to- 
day I  stand  here  ready  to  redeem  my  pledge,  and  will  vote  against 
the  Ordinance.  But  when  it  becomes  the  organic  law  of  my  State. 
I  will  support  it,  as  I  believe  it  to  be  my  duty  to  do  so.  I  believe 
the  people  of  my  county  will  stand  by  the  action  of  the  State  in 
her  sovereign  capacity  ;  and  I  am  in  hopes  that  Alabama  will  go 
on  with  her  great  work  to  independence  and  prosperity.  I  told  the 
people  of  St.  Clair,  [Mr.  Inzer's  county,]  while  canvassing  the 
county,  that  I  was  in  favor  of  cooperation;  but  said,  if  Alabama 
should  secede  separate  and  alone,  I  would  go  with  her  and  stand 
by  her  in  every  peril,  even  to  the  cannon's  mouth ;  and  I  now  re- 
peat it,  I  am  for  Alabama  under  any  and  all  circumstances. 

Mr.  Smith,  of  Tuscaloosa,  said: 

Mr.  President — I  will  not  at  this  time  express  any  argument  of 
opposition  1  may  entertain  towards  the  Ordinance  of  Secession. 
I  have  many  reasons  for  this  course. 

I  meet  here  a  positive,  enlightened  and  unflinching  majority.  I 
have  respect  for  them,  and  I  despair  of  being  able  to  move  them. 

In  times  like  these,  when  neighboring  States  are  withdrawing 
one  by  one  from  the  Union,  I  cannot  get  my  consent  to  utter  a 
phrase  which  might  be  calculated,  in  the  slightest  degree,  to  widen 
the  breaches  at  home.  My  opposition  to  the  Ordinance  of  Se- 
ion  will  be  sufficiently  indicated  by  my  vote;  that  vote  will  be 
recorded  in  the  book:  that  book  will  take  up  its  march  for  pos- 
terity;  and    the   day  is  not   vet  come    that  is  to  decide  on    which 

part  of  the  page  of  thai  book  will  be  written  the  glory  or  the 
shame  of  this  day. 

It  is  important  to  the  State  that  you  of  the  majority  should  be 


98  BISTORT    AND    DEBATES    OF 

right,  and  that  I  should  be  wrong.     However  much  personal  grati- 
fication I  might  feel  hereafter  in  finding  that  I  was  right  on  this 
•  question,  and  that  you  were  wrong,  that  gratification  would 
indeed  be  to  me  a  poor  consolation  in  the  midst  of  a  ruined  and 
:  country.    Therefore,  as  the  passage  of  theOrdinanc 
sion  is  the  act  by  which  the  destiny  of  Alabama  is  to  be 
Controlled,  I  trust  that  you  arc  right,  and  that  I  am   wrong.      I 
that  God  has  inspired  you  with  His  wisdom,  and  that,  under 

the  influence  of  this  Ordinance,  the  State  of  Alabama  may  rise  bo 
the  highest  pinnacle  of  national  grandeur. 

To  show,  sir,  that  the  declarations  I  now  make  arc  not  forced 
by  th''  exigencies  of  this  hour,  I  read  one  of  the  resolutions  from 
the  platform  upon  which  I  was  elected  to  this  Convention: 

"Resolved,  That  wc  hold  it  to  he  our  duty,  first,  to  use  all 
honorable  exertions  to  secure  our  rights  in  the  Union,  and  if  wc 
should  fail  in  this,  wc  will  maintain  our  rights  nut  of  the  Union 
— for,  as  citizens  of  Alabama,  we  owe  our  allegiance  first  to  the 
State;    and    we  will   support  her   in   whatever  course   she    may 

adopt." 

Thus,  Mr.  President,  you  will  observe  that  the  course  I  now 
take  is  t  lie  result  of  the  greatest  deliberation,  having  been  matur- 
ed before  I  was  a  candidate  for  a  seat  in  this  Convention;  and 
there  is  a  perfect  understanding  on  this  subject  between  me  and 
my  constituents. 

It  lint  remains  for  me  to  add,  that  when  your  Ordinance  passes 
through  the  solemn  forms  of  legislative  deliberation,  and  receives 
the  sanction  <,>i'  this  body,  I  shall  recognize  it  as  die  supreme  law 
of  the.  land  ;  my  scruples  will  fall  to  the  ground  ;  and  that  devotion, 
which  I  have,  heretofore',  through  the  whole  CQUrse  of  my  public 
life,  given  to  the  Union  of  the  Slates,  shall  be  concentrated  in  my 
allegiance  to  the  State  of  Alabama. 

Mil  Green  said  : 

lb'  would  vote  against  the  Ordinance,  but  would  sustain  the  ac- 
tion of  the  Convention.  His  people  would  ratify  and  fully  endorse 
it.  Mr.  (i.  spoke  feelingly,  and  said  he  hoped  the  people  of  Ala- 
bama would  be  a  unit. 

lit'  had  been  elected  as  a  cobperationist ;  and  would  now  great- 
ly prefer  a  consultation  with  the  slaveholding  States  before  he  sev- 
er, d  tie  bonds  of  the  Cniou.  But,  he  would  not  withhold  his  ac- 
qaiesenoe  from  the  will  of  a  majority  here,  however  much  he  might 
be  convinced,  in  his  own  mind,  of  the  propriety  of  cooperation. 
In  this  -scat  day  of  interest,  it  becomes  all  good  men  to  be  united 


HIE  CONVENTION  OF  ALABAMA.  90 

in  the  same  ranks   to  promote  the  general  welfare  of  the   people, 
and  to  oppose  our  enemies  in  a  solid  and  determined  body. 

Mb.  Kimball  said : 

Mr.  President — The  passage  of  the  Ordinance  is  now  a  settled 
fact;  and  T  do  not  rise,  sir,  to  make  factious  opposition  to  its  pas- 
sage. It  is  due  to  myself,  it  is  a  duty  I  owe  the  people  whom  I  rep- 
resent on  this  floor,  that  I  should  express  to  this  body,  the  power 
delegated  to  me  by  my  people.  Now,  sir,  I  represent  in  part,  thir- 
ty-three hundred  votes,  as  good  and  true  people  to  the  South  as 
lives  on  Alabama  soil.  It  is  true  they  were  opposed  to  separate 
-ion;  that,  opposition,  nevertheless,  made  them  none  the  less 
opposed  to  Black  Republicanism ;  but  in  my  opinion,  the  more  ef- 
fectual. In  all  my  intercourse  with  my  fellow-citizens,  I  found  none 
who  did  not  cordially  desire  a  united  South,  not  a  dissenting  voice. 
In  the  "  Advertiser"  of  this  morning,  I  find  a  dispatch  expressing 
the  opinion  of  (<Vn.  Soott,  who  is  said  to  be  the  great  War  Spirit, 
who  unhesitatingly  says,  that  with  a  certain  unanimity  of  the 
Southern  States,  it  would  be  impolitic  and  improper  to  attempt 
coercion.  This  is  the  effect  we  expected  to  consummate  by  the 
action  of  cooperation.  We  believed  it  would  be  effectual  with  less 
loss  of  blood  and  treasure.  Now,  sir,  to  show  our  sincerity  in  ef- 
fectual resistance,  I  read  from  the  platform,  published  to  the  peo- 
ple, (in  which  we  went  before  them  for  the  position  we  occupy 
on  this  floor.     One  of  the  resolutions  in  said  platform,  says  : 

"That  in  order  to  secure  the  cooperation  of  the  South  as  a  unit, 
■Anu  justify  ourselves  in  the  eves  of  the  world,  we  consider  it  wise 
and  politic  that  a  general  Convention  of  all  the  Southern  States 
should  be  called  to  adopt  an  ultimatum  to  the  Northern  Republi- 
cans, and  that  unless  such  ultimatum  so  presented  be  adopted,  that 
then  our  safety,  and  the  preservation  of  our  rights,  demand  that 
those  rights  should  be  maintained,  eveu  if  it  result  in  the  seces- 
sion of  the  State  of  Alabama  and  the  rupture  of  the  Union." 

Now,  sir,  this  shows  a  laudable  effort  on  the  part  of  the  people 
of  Tallapoosa,  !o  avoid  the  horrors  of  war  by  securing  a  united  ac- 
tion of  the  South  on  an  ultimatum.  The  rejection  of  which,  would 
certainly  greatly  tend  to  our  unanimity— a  most  desirable  object. 

Anoth<  i-  objection  I  have  to  the  passage  of  the  Ordinance,  un- 
der existing  circumstances,  is  the  evident  disposition  and  settled  pur- 
pose  of  this  Convention  not  to  submit  this  Ordinance  to  the  people 
for  their  rejeotion  or  ral  ification.  It  is  right  and  proper,  this  should 
be  done.  The  »over<  ign  people  of  the  State  of  Alabama,  on  a 
great  question  of  this  sort,  should  be  consulted  ;  they  are  the  par 


100  in-: 

be  affected.     In  this  opinion  all  pai 
ill  I  now  read  the  resolution  to  which  none  'of  the 
?,)  in  Tallapoosa  objected  : 

••That  i!i'    -         Lniy  of  Alabama  remains  with  the  people 
thereof,  and  thai  the  result  of  the  Convention  called  by  the  Gov- 
.  let  it  be  what  it  may,  Bhould  be  referred  baok  to  the  people 
for  t !.  ion  or  ratification.'' 

ie  of  the  Committee  of  Thirteen,  I  desired  this  Bhould  be 
r!,i>  Convention  has  deoreed  otherwise,  as  a  loyal  citi- 
:'  Alabama,  1  most  yield;  and  I  am  satisfied  my  constituents 
will  concur,  and  will  stum]  by  Alabama  in  weal  and  woe. 

Mi;.  JoHHSOH  said  : 

Mr.  President — Similar  reasons  t..  those  assigned  ly   gentle- 
men as  having  influenced  them  in  arriving  at  the  conclusion  to 
lin  tli"  Ordinance  when  passed,  has  operated  upon  ami  influ- 
!  in.'  in  forming  a  .similar  conclusion.     This  question  differs 
verj  materially  from  all  ordinary  political  questions.     To  have 
opposed  th''  policy  of  separate  Stat-  secession,  before  any  action 
<t  expression  given  by  this  Convention,  was  certainly  legit- 
imate, and,  I  think,  wise;  but  having  ascertained  that  there  is  a 
well-defined  majority  of  this  body  in  favor  of  that  policy,  further 
tance  should  cease. 

It  is  either  (actions  or  revolutionary,  or  both  :  and  hence,  in  ins 
opinion,  Bhould  not  he  persisted  in. 

The  minority  of  this  body,  with  which  1  have  acted,  have  \"! 
untarily  and    patriotically   pledged  themselves,  unanimously,  to 
'  abolition  aggression. 

We  have  had  an  opportunity  of  expressing  our  preference  as' 
to  the  mode  and  measure  of  resistance  which  we  would  offer  to 
present  and  anticipated  aggressions, 

We  preferred  the  calling  of  a  Convention  of  all.  or  as  many  of 
tne  Blaveholding  States,  as  would  meet  us  in  such  Convention,  in 
order  that  we  might  avail  ourselves  of  their  counsel,  their  griev- 
ances, and  their  simultaneous  action.  This  Convention  decided 
that  to  he  impracticable. 

Then,  sir,  acting  upon  the  principle  that  the  people  are  sover- 
eign, and  should  lie  permitted  to  exercise  their  inalienable  righl 
to  supervise  the  action  of  their  agents, in  a  matter  involving  their 
dearest  rights  and  destiny,  we  proposed  to  refer  the  action  of  this 
Convention  t<>  the  people,  for  their  ratification  or  rejection. 

Tins  was  decided  to  he  impolitic  or  unnecessary.  Having  thus 
failed,  sir,  to  induce  the  Convention  to  adopt  our  policy  or  mode 


THE  CONVENTION  OF  ALABAMA.  101 

of  resistance,  the  alternative  is  presented  :  Will  we  adopt  Seces- 
sion as  a  mode  of  resistance  \  or  will  we  say  to  the  world  thai  we 
prefer  Submission  to  this  mode  of  resisting  abolition  aggression  1 

I  prefer  secession  to  submission,  and  will  not  only  sustain  your 
Ordinance  when  passed,  but  will  go  farther,  and  say  that,  if  res- 
ponsibility attaches  to  its  passage,  I  will  share  thai  responsibility  . 

1  will  vote  for  the  ordinance,  believing  that  Talladega  county  is 
unwilling  to  slum  a  responsibility  which  other  counties  of  the 
State  are  willing  to  assume.  The  entire  delegation  from  Talla- 
dega, as  well  as  those  from  Coosa,  will  vote  for  the  Ordinance. 

W  e  are  not  influenced,  in  casting  this  vote,  by  a  desire  to  con- 
ciliate the  majority  here,  or  to  obtain  popularity  elsewhere,  for 
the  records  of  this  body  will  show  our  preference,  and  views  as 
to  the  mode  of  resistance  which  should  DC  adopted.  We  desire 
that  our  common  enemy  should  know  and  appreciate,  that  .so  far 
as  relates  to  a  determination  to  resisl  their  aggression,  there  is 
but  one  feeling  in  Alabama:  and  although  we  may  and  do  differ 
as  to  the  means  by  which  we  will  protect  our  rights  and  our  in- 
stitutions, yet  I  wish  them  to  see  and  feel  that,  although  Our  line  of 
policy  is  rejected  b\  a  majority  of  a.  Convention  of  that  people, 
yet   we  will  accept  another  means   ftnd  another  policy. 

I  have  no  hesitancy  in  saving,  sir.  that  I  believe  the  entire  peo- 
ple of  Alabama  will  sustain  this  Ordinance  when  passed,  and  I 
humbly  hope  we  may  go  on  in  our  course  of  greatness  and  pros- 
perity, and  that  this  action  may  redound  to  the  honor  and  interest 
of  the  entire  people. 

Mi;.    \\  atkins  said  : 

Mr.  President — The  Ordinance  before  us.  proposing  the  sever- 
ance of  this  State  from  a  Government  so  deeply  rooted  in  the  af- 
fections of  the  people,  is  a  matter  of  such  grave  concern,  and  in- 
volves so  many  great  and  vital  Considerations,  as  to  make  it 
necessary  that  I.  in  common  with  others  who  have  preceded  inc. 
should  say  something  touching  the  vote  I  am  about  to  give. 

A  native  of  one  of  the  Southern  States,  who,  for  more  than 
twenty  years  of  continued  residence  in  this  State,  has  enjoyed  her 
beneficence  and  protection,  because  wedded  to  he]"  soil,  identified 
with  her  institutions,  and.  wit  ha  I.  jealous  ,,f  her  honor  and  watch- 
ful in  guarding againsl  any  infraction  of  the  rights  of  her  people, 
I  feel  it  to  be  a  duty,  no  Irss  of  affection  than  gratitude,  on  this 
it  occasion,  to  declare  the  most  devoted  fealty  to  her,  and  to 
pledge  all  I  have  and  am  in  her  behalf,  whatever  may  be  her  fate. 

The  constituency  I  represent — with  whose  sentiments  1  fully 


nrSTORT     KTXD    DEBATES    Of 

coin  deeply  and  Btrongly  attached  to  the  Union  of  the 

and,  although  they  acknowledge  and  feel  that 
•.  which  call  for  prompt  and  efficient  resistance, 
satisfactory,  safe,  and  effective  remedj 
,;ni  be  bad,  bj  ;i  cooperative  effort  on  the  part  of  all  the  South- 
ern Stair-,  than  by  the  more  desperate  and  hazardous  expedient 
sion,  proposed  in  the  Ordinance  before  this 
on.     I  shall  vote  against  the  Ordinance,  in  obedient 
the  will  of  the  people  I  represent,  and  will  cheerfully  await  the 
verdict  of  the  future  as  to  the  wisdom  which  actuates  it. 

Mi;.    Bb  \ki>   said  : 

Mr.  President — I  came  to  this  Convention  a  warm  friend  t<>  the 
policy  "i'  consulting  and  cooperating  with  all  the  slaveholding 

States.  ..J-  with  a-  many  <>t'  them  a-  would  agree  to  meet  us  for 
the  purpose  of  consultation.     I  have  labored  faithfully  to  earrj 

nit  my  desires — as  much  s<>  as  any  member  here;  and  I  still  be- 
that  that  would  l.e  the  best,  safest   and  wisest  course  for 

VJabama  to  adopt  in  this  trying  emergency .  But  my  opinions  in 
this  regard  n.\ ill  not  lead  me  to  stubborness  in  my  opposition  to 
what  this  Convention,  in  its  wisdom,  maj  decide  t"  do.  That  I 
am,  and  have  been,  in  favor  of  resistance  to  the  rule  of  Black 
Republicanism,  has  already  hem  shown  h\    naj  vote  on  the  i 

utioii  which  was  adopted  by  this  Convention  on  the  first  daj  <>t 
our  .meeting.     If  this  Convention  shall  decide  on  immediate 
•  in.  a-  the  surest  and  wisest  mode  of  resistance;  and  if.  in  the 

wis, loin  of  the  counsel  that  prevails  here,  it  shall  he  decided  that 
'his  is  the  remedy  for  the  surest  redress  of  our  grievances,  while 
I  may  not  agree  to  endorse  this  with  my  vote,  I  am  the  last  man 
ii  the  Siate  of  Alabama  who  would  lift   a  voice  of  opposition  to 

your  decree.      I  will  acquiesce  in  \oiir  action,  and    I  will  support. 

heartily,  the  State  of  Alabama,  in  all  the  difficulties  that  maj  !"■ 

set   her  now   or  hereafter.  80  long  as  I  am  able  to  raise  my  voice  in 

her  councils  or  m\  arm  in  her  defense.  And  I  can  safelj  say  as 
much  for  the  people  of  m\  county — who.  though  by  a  large  ma- 
jority, have  been  in  favor  of  cooperation  and  consultation  with 
the  slaveholding  States,  yet  thej  will  earnestly  support  the 
State  of  Alabama  in  all  her  troubles,  even  though  the  necessities 
of  the  times  should  call  them  to  take  up  arms,  and  to  muster  in 
the  ranks  of  the  army  in  military  array.      1.  as  well  as  they,  will 

i.e  prepared,  under  whatever  emergencies  may  arise,  to  shoulder 

my  musket  and  to  do  as  good  service  for  our  country  as  any  man 
on  this  floor.  We  will  he  found  to  he  in  the  rear  of  none  in  our 
readiness  to  act  when  the  moment  of  dancer  comes. 


THE  CONVENTION  OF  ALABAMA.  103 

I  shall  vote  against  the  Ordinance  of  Secession,  but  to  that  ex- 
tent alone  will  my  opposition  be  carried. 

Mr.  Steele  said : 

That  he  would  stand  with  the  bravest  and  truest  of  Alabama's 
sons  in  support  of  the  action  of  the  Convention,  and  in  dc 
fence  of  the  honor  and  independence  of  Alahama.  Though  op- 
posed to  the  Ordinance,  and  in  favor  rather  of  the  policy  of  con- 
sulting with  the  other  slaveholding  States,  yet  he  would  not  carry 
his  opinion  so  far  as  to  embarrass,  in  any  manner,  the  will  of  the 
majority  of  the  delegates  in  this  Convention.  In  the  hour  of  dan- 
ger he  would  know  no  country  but  Alabama;  and  he  would  be 
ready,  he  hoped,  to  show  his  allegiance,  in  some  practical  way, 
whenever  the  State  should  need  his  services. 

Mr.  Crumpler  said,  in  substance  : 

[Speaking  for  himself  and  colleagues,]  that  he  and  his  colleagues 
were  elected  on  the  cooperation  ticket,  and  had  acted  and  voted 
with  the  cooperation  party  on  every  measure  before  the  Conven- 
tion. He  now  felt  it  to  be  his  duty,  with  the  facts  before  him,  to 
vote  for  the  Ordinance  of  Secession  and  the  resolutions.  His  col- 
leagues, Col.  Taylor  and  Maj.  Leonard,  would  cheerfully  vote  with 
him.  We  pledge  ourselves  to  do  all  in  our  power  to  induce  our 
constituents  to  sustain  and  fully  sanction  the  action  of  the  Conven- 
tion, believing  now  that  Secession  is  the  only  proper  and  effectual 
mode  of  resistance.  Our  first  plan  being  defeated,  we  feel  bound 
to  vote  for  prompt  aud  immediate  secession — that  being  the  only 
effectual  plan  now  left  us  by  which  to  preserve  our  rights,  our 
honor,  our  equality  and  our  liberties.  Let  all  patriotic  citizens 
now  unite  and  rally,  as  one  people,  around  the  standard  of 
free  and  independent  Alabama,  and  all  will  be  well. 

Mr.  Clark,  of  Laurence,  said  : 

After  having  manifested  by  my  remarks  of  yesterday,  a  more  de- 
cided opposition  to  the  passage  of  the  Ordinance  of  Secession  than 
any  other  member  of  this  Convention,  the  observations  I  am  about 
to  make,  I  trust,  may  not  be  deemed  wholly  inopportune.  Sir,  1 
have  loved,  honored  and  revered  the  Union  of  our  fathers.  I 
have  cherished  it  for  the  pood  it  has  accomplished — the  liberty  it 
has  secured,  and  the  public  and  private  prosperity  it  has  dispensed. 
The   treasure  expended  in  its  defence,  the  privations  patriotically 


104  BISTORT     \M>    DEBATES    OK 

end;'  many  beroio  lives  voluntarily  sacrificed  to  pur- 

chase  the  blessings  it  affords,  I  bave  never  forgotten,  and  can  nev- 
er Rn 

Win  re  now  arc  Colombia's  classics?  What  becomes  of  her  lc- 
!-  and  ber  traditions?  Where  arc  her  anniversaries — her 
Hunktr  Hills,  her  Lexingtons,  her  forktowiisr  Where,  her  na- 
tional air- — her  hymns  of  freedom ''.  Kntombed  in  the  storied 
urn.-  and  sepulchres  of  the  I'a-t. 

These  reoollections  will  he  treasured  up  in  the  hearts  of  our 
countrymen  as  the  sacred  mementoes  of  a  dead  friend.  They  are 
Liberty's  bright  gems,  Bprinkled  upon  the  page  of  oblivion,  which 
patriotism,  in  after  yars,  will  delight  to  gather  and  string  around 
tie-  neck  of  memory.  I  have  opposed  the  Secession  movement 
from  its  ineipiency  to  its  completion.  Cooperative  action  I  have 
thought  was  the  better  policy,  and  my  opinion  is,  now,  unchanged. 
I  shall  vote  against  the  ( Ordinance.     But  when  the  <  Ordinance  shall 

become  the  l.WV  of  the  State,  the  same    reasons  which  have  been 

urged  with  so  much  force  against  Secession,  apply  with  equal  co- 
gency in  favor  of  acquiescence.  Resistance  to  this  <  Ordinance  eould 
ciily  result  in  strife  and  dissension  among  OUT  people.  If  any  one 
believes  that  I  would  be  guilty  of  inciting  hostile  divisions  between 
different  Bections  of  the  State,  and  thus  enkindle  the  flames  of  civ- 
il war  throughout  the  borders  of  Alabama,  he  has  very  much  mis- 
taken his  man. 

Mi:.  BjDWAED8  said  : 

Mr.   President — I  have  opposed  the  passage  of  the  Ordinance  of 

-inn  in  everj  honorable  way  that  1  possibly  could.     I  am  op- 

i  to  separate  State  action,  but  to  carry  this  opposition  further, 

is  wholly  unnecessary  now  in  this  Convention.      1  have  opposed  it, 

sir,  because  I  believed  such  a  course  unwise  on  the  part  of  Ala- 
bama. Again,  I  oppose  its  passage  because  in  all  oases  where  the 
fundamental  principles  of  Government  are  to  he  changed,  such 

changes  should  be  Bubmitted  to  the  people  for  their  approval  or  dis- 
approval. It  is  contended  by  the  friends  of  the  Ordinance,  that 
the  majority  of  the  people  have  spoken  out  in  regard  to  this  mat- 
ter; hut,  Bir,  this  is  doubtful.  Then,  sir,  as  there  arc  some  doubts 
in  regard  to  which  way  the  majority  stands  in  this  partieulur case, 
1  do  contend,  that  the  action  of  the  Convention  ought  to  be  sub- 
mitted to  the  people  for  their  adoption  or  rejection  at  the  ballot- 
boz.  .Mr.  President,  the  people  whom  1  have  the  honor  to  reprc- 
-eiit  up  >n  this  floor,  did  BOl  pre-ume  to  think  that  this  Convention 
would  pasa  an   Ordinance  of  Secession   without  its  reference  to 


THE    CONVENTION    OF    ALABAMA.  105 

them ;  but,  sir,  they,  together  with  many  others  in  Northern  Ala- 
bama, will  be  greatly  disappointed  in  that  respect.  My  constitu- 
ents made  it  obligatory  upon  me,  to  use  my  best  exertions  to  hav< 
the  action  of  the  Convention  referred  to  them.  This  I  have  done 
to  the  best  of  my  ability.  But  I,  together  with  the  party  with 
whom  I  have  acted,  have  signally  failed.  Inasmuch,  therefore,  as 
the  action  of  the  Convention  is  final,  I  am  not  prepared  at  this 
time  to  say,  whether  the  people  of  my  county  will  acquiesce  in  it 
or  not.  1  know,  sir.  they  arc  excited  to  a  considerable  extent,  and 
when  the  news  readies  my  county  that  Alabama  has  seceded  from 
the  Union,  I  anticipate  the  excitement  will  run  much  higher. 

Sir,  when  I  return  home,  I  am  in  duty  bound,  to  state  to  my 
fellow-citizens  the  action  of  this  Convention,  and  in  doing  so,  I 
will  here  state,  that  I  will  use  no  effort  on  my  part  to  excite  them 
to  rebellion. 

Mu.  Ralls  said  : 

Mr.  President — I  rise  not  for  the  purpose  of  making  a  speech, 
but  simply  a  remark  or  two.  My  position  as  a  delegate,  is  in  some 
respects  peculiar.     I  am  not  a  cooperation  secessionist. 

The  people  who  have  sent  me  here  have  no  demands  to  make  of 
the  North.  One  of  the  resolutions  adopted  at  the  meeting  nomi- 
nating me,  was  that  secession  was  the  only  remedy. 

Straight-out,  was  the  phrase  used  in  the  canvass,  instead  of  sep- 
arate State  action ;  although  it  was  explained  to  the  people  that 
«very  State  must  act  for  itself,  as  one  State  could  not  for  another. 
One  word  as  to  the  term  straight-out.  At  the  time  1  was  nominated, 
the  Union  was  unbroken,  and  the  subsequent  action  of  South  Caro- 
lina furnished  an  example  of  straight-out  secession,  as  understood 
by  my  people  ;  that  is  to  say,  secession  without  an  assurance  that 
any  other  State  would  assume  the  same  attitude;  and  against  this 
I  was  pledged. 

Now,  what  are  the  circumstances  by  which  we  are  surrounded  ? 
South  Carolina  is  out ;  so  also  is  Florida;  so  also  is  Mississippi; 
and  there  can  be  no  doubt  that  (leorgia,  my  native  Slate,  will  take 
the  same  proud  position  next  week,  and  that  Louisiana  and  'JYxa- 
will  follow  in  rapid  succession.  Yea.  Mr.  President, may  I  notgo 
a  Btep  farther  and  say.  that  there  is  good  ground  to  hope  that  the 
border  slaveholding  States  will  wheel  into  line  and  unite  their  des- 
tiny with  the  extreme  Southern  or  cotton  States 7 

1  find  tin  n  around  me  the  cooperation  that  my  constituents  de- 
KK — that  i-.  cooperation  in  seceding. 
S 


IOTi  RTBTOB1     and    DBBATBS    OV 

Thai  •  'lin^  St;it( »,  impelled  by  a  oommon  danger,  end 

attracted  bj  common  interests  and  sympathies,  will  unite  again  in 
lishment  of  a  rejmblican  form  of  government,  thus  secur- 
the  liberty  and  peace  of  tbe  people,  is  in  my  mind,  a  question 
that  admits  or  no  doubt.  This  opinion  has  been  long  entertained, 
publicly  expressed,  and  the  development*  of  ev<  ry  day  confirm 
me  in  it. 

The  way  is  clear.     I  shall  vote  for  the  Ordinance. 

.Mil.  Sheffield  said  : 

Mr.  President— I  rise  with  great  diffidence,  on  this  occasion. 
knowing  my  inability  to  do  justice  to  the  aubjed  before  the  Con- 
vention. I  merely  wish  to  state  my  position  before  the  vote  is 
taken  on  the  Ordinance.  I  have  known,  for  days,  that  the  Ordin- 
ance would  pass.  I  have  used  every  exertion  to  prevent  it,  but 
without  a  hope  of  success.  1  have  written  home  to  my  constitu- 
ents, that  BUCh  would  be   the    case,    and  asking   them   whether,  in 

event,  the)  desired  me  to  sign  it.  As  an  individual,  I  will 
sustain  the  action  of  my  State,  honest  1\  and  zealously;  and  if  war 
should  come,  I  will  not  only  counsel  m\  people  to  submit  to  the 
decision  of  the  Convention,  but  to  maintain  it  with  arms  in  the 

field.      I  have  opposed  secession  as  long  as  opposition  was  of  am 
avail.   Now  that  the  Ordinance  will  pass,  as  a  patriot,]  feel  bound 
•■■take  the  side  of  mv  native  State  in  any  contest    which   might 
I  out  of  it.     1  will  vote  against  the  Ordinance. 

Mi;.    PoTTEB  said  : 

.\fr.  President — Sir.  as  every  member  of  this  bod)  must  neees 

jarily  lake  position,  cither   for  Or   against    this-    measure,    b)    the 
which  will  very  soon  lie  cast,  I  feel  in  duty  hound  to  offer 
some  reasons  whj  my  vote  shall  be  cast  against  the  passage  of 
<  Ordinance  at  the  present  time. 

Sir,  the  decision  which  we  make  to-daj   upon  this,  in  all  human 

probability,  the  most  momentous  question  that  shall  ever  be  set 
tied  by  the  people  of  Alabama,  may,  for  weal  or  woe,  tell  mor< 

potently  upon  all  ages  to  come,  than  any  which    will    ever   claim 

-  onsideration  or  demand  oar  action. 
Now.  sir.  I  desire  to  aa)    to  the  members  of  this  honorable 

ly,  that  when  |  first  entered  this  Hall  I  came  with  decided  eon- 
victions  as   to  the    true   policy  Of  OUT  State,   in  the  present  einer 

gency  ;  and  I  am  now  prepared  to  state  that  nothing  which  has 
irred  here,  nor  any  developments  which  have  been  made  else 

where,  have  at  all  changed  my  previous  opinion. 


THE  CONVENTION  OF  ALABAMA.  10? 

I  maintain  now,  as  I  have  maintained  before,  that  separate 
State  secession,  if  a  remedy  at  all  for  our  political  grievances,  is 
not  the  only  remedy — nay,  is  not  the  best  remedy.  And  labor- 
ing as  I  do  under  this  conviction,  I  cannot  advocate  the  adoption 
of  this  measure,  until  I  become  convinced   of  my  error. 

Sir,  there  are  a  few  plain,  simple  propositions  which  should 
claim  the  serious  consideration  of  every  member  of  this  Conven- 
tion. 

First — Our  grievances  should  be.  redressed.  This  is  what  we 
all  desire,  and  only  differ  in  regard  to  the  proper  method  to  be 
adopted.  For  one,  I  have  not  been  able  to  see  that  secession  is 
the  best  mode,  and  therefore  I  cannot  adopt  it. 

Second — All  our  rights  should  be  secured  and  maintained.  It 
cannot  lie  denied  that,  our  rights  and  interests  have  been  disre- 
garded and  set  at  nought  by  many  of  our  sister  States.  But  can 
we  come  up  to  the  full  measure  of  duty,  and  secure  all  to  which 
we  are  entitled  by  the  act  of  secession?  I  think  not;  and  there- 
fore 1  cannot  adopt  it  as  our  true  policy. 

Third — It  is  very  desirable  to  have  security  at  home.  Will  se- 
cession give  us  this?  It  may,  or  it  may  not.  And  it  really  ap- 
peals to  me,  sir,  that  in  this  respect  we  are  about  to  make  a  very 
doubtful  experiment,  which  may  lead  to  a  most  disastrous  result. 
And  as  there  does  not  appear,  to  me,  to  be  any  positive  necessity 
for  taking  this  course  now,  in  justice  to  myself,  and  to  those  whom 
I  represent,  I  feel  called  upon  to  oppose  it. 

Fourth — Our  honor  should  be  vindicated.  Now,  sir,  if  seces- 
sion can  be  shown  to  be  the  best  means  of  its  vindication,  then 
will  lie  presented  at  least  one  powerful  argument  in  favor  of  this 
measure.  Hut  I  must  confess,  sir.  that  to  my  mind,  tin1  truth  of 
this  proposition  has  not  yet  been  shown.  There  is  among  men  a 
morbid  sense  of  honor  which  often  leads  them  to  extremes,  and 

involves  them  in  disgrace  while  they  vainly  seek  to  maintain  their 
false  views  of  true  honor.  Against  these  false  views  and  t'atal 
extremes,  it  is  the  pail  <>f  wisdom  for  us  to  he  carefully  guarded. 
Entertaining  these  views  of  propriety  and  prudence,  1  cannot  do 
otherwise,  under  present  circumstances,  than  withhold  my  sup- 
port from  a  measure  whose  wisdom  and  policy  are  so  doubtful. 

Fifth— \\ v  ought  to  do  ourselves  justice.  Now,  it  is  apparent 
to  me,  sir.  that  the  act  of  Secession  will  cost  us  such  a  sacrifice  . » t " 
interest  iii  the  public  property  of  the  United  states,  as  will  do  the 
people  of  Alabama  great  injustice.  It",  sir,  this  were  the  only  line 
of  policy  possible  to  be  pursued,  then  we  should  adopt  it  at 
once,  ht  it  cost  what  it  might  ;  but  until  we  are  fully  satisfied  that 
no  better  line   of  policy    can    be    pursued,   we   should    hesitate   to 


|.©8  trtSTOBY    AM"    DIB  I  I  i>    "i 

adopt  a  measure  so  hazardous  in  itself,  and  involving  so  great  :\ 
eucrifice. 

S     Ih     Wc  wish  to  perpetuate  Southern   institutions.     This, 

is  an  imperative  duty  which  we  owe  to  ourselves  and  to  pos- 

\nd  the  great  question  for  us  to  solve,  is  this :  Will  se- 

seeurc  the  perpetuity  sf  these  institutions  .'     Sir,  I  am  so 

well  satisfied  that  there  is  a  hetter  way.  a  more  certain  method  of 

securing  this  object,  so  desirable,  nay,  so  necessary,  thai  I  cannot 

give  ni_\  consenl  to  the  adoption  of  tliis  extreme  measure, 

-  tenth — .We.wan!  harmony  among  ourselves.  This,  sir,  is  of 
so  much  importance  to  our  success,  that,  so  far  as  possible,  it 
ought  to  be  secured.  In  view«ol  the  conflicting  opinions  now  so 
prevalent,  I  am  unable  te  see  how  it  is  passible  to  do  justice  to 
public  sentiment  it'  we  now  pass  this  Ordinance,  and  refuse  t<>  re- 
fer the  action  of  this  Convention  to  the  people  of  the  State  for 
their  ratification  <>r  rejection.  A.nd  this,  sir, will  evidently  be  tin- 
result,  if  this  measure  shall  be  sustained  bj  a  majority  of  this 
body.  For  these,  and  other  reasons  not  mentioned,  1  am  eon- 
strained,  sir,  to  act  upon  the  principle  that  whal  my  judgment 
condemns  my  hand  shall  not  Indorse.     I  therefore  vote  in  the  ne- 

M  I   .     I  i  r    I  . .  1   ! ;    s;ii,|  ; 

Mr.  President  —Being  as  I  am  among  the  oldest,  as  well  as  the 
humblest  of  the  members  of  this  Convention,  it  is  perhaps  proper 
that  [should  be  one  of  the  last  to  speak  on  this,  the  most  im- 
portant question  that  has  ever  been  debated  in  the  state  of  Ala 
liaiua.     Sir.  believing  as  I  do,  that  separate  State  secession  is  un- 

e  and  ini|i<>litie.  ami  not  a  remedy  tor  any  wrong  of  which  wo 
complain  in  the  Union,  1  deem  it  unnecessary  for  me  at  this  time 
to  attempt  an  arraj  "f  reasons  that  bring  me  to  this  conclusion. 
This  I  did  before  tin1  people  that  sent   me  here.      When  we  hail  an 

CXC'lting  e,  .litest.    1    told    |||V    friends   thai    Secession  Was   a   vit  ill  issue. 

that  they  should  consider  coolly;  thai  if  it  was  decided  against 
them,  it    would   become  their  duty  to  acquiesco;  thai  we  were 

all  on  hoard  of  a  common  I '.i il%.  —  ii'  it  foundered  .and  went  down. 
we    inusl    .all   go  down  together;    that   we  could  not.  it'  we  would, 

separate  our  destiny  from  those  with  whom  we  differed.  And 
now.  sir,  finding  as  1  do.  that  secession,  immediate  and  separate, 
without  reference  to  the  people  for  their  ratification  or  rejection. 
is  a  foregone  conclusion,  and  having  voted  against  ever)  proposi- 
tion leading  to  that  conclusion,  except  one,  on  which  I  was  pre- 
vented voting  by  severe  indisposition,  I  will  now  content  myself 


THE  CONVENTION  OF  ALABAMA.  100 

with  recording  my  vote  against  the  final  act  of  secession.  Ilav- 
done  so.  I  will  have  discharged  my  whole  duty  to  those  whom  1 
represent  on  this  floor.  The  act  of  secession  having  been  con 
summated  by  the  majority  of  this  Convention,  whether  right 
Cully  or  wrongfully,  it  becomes  the  action  of  Alabama;  1  feel  itt<  ■ 
be  my  duty  to  cease  all  opposition  to  that  act,  and  cooperate 
with  the  majority,  to  the  best  of  my  ability,  in  reconstructing  a 
Government  adapted  to  the  new  state  of  affairs  by  which  we  arc 
surrounded.  That  done,  my  first  and  paramount  allegiance  is- 
ilue  to  the  State  of  Alabama;  and  if  an  attempt  he  made  to  co- 
erce or  invade  her.  although  I  am  advanced  beyond  the  ordinary 
age  of  a  soldier,  I  will  seek  sonic  humble  position  in  an  army  Of 
defense,  where  1  can  render  some  service  in  support  of  the  rights, 
the  interests  and  the  honor  of  my  country. 

Mr.  Winston  said,  in  substnuce : 

That  he  would  sa\  a  tew  words,  now  that  the  important  measure 
for  which  the  Convention  was  called,  was  about  to  he  disposed  of; 
that  he  was  opposed  to  the  hasty  step  about  to  be  taken,  and 
should  record  his  vote  against  it  ;  that  the  die  was  cast — it  was 
the  determination  of  the  majority  of  the  Convention  to  pass  the 
Ordinance  of  Immediate  Secession.  That  being  the  will  of  this 
Convention,  the  sovereignty  of  Alabama,  sink  or  swim,  live  or 
die,  survive  or  perish,  the  same  destiny  awaited  all.  He  repre- 
sented a  constituency  opposed  to  this  hasty  dissolution  of  the  best 
Government  the  world  ever  knew:  the\  were  a  brave  and  patri- 
otic people,  and  notwithstanding  their  veneration  for  the  Onion  of 
their  Fathers,  they,  he  had  no  doubt,  would  acquiesce  in  and  sus 
tain  their  State  in  this  its  final  determination  -..  and  will  rall\  U) 
the  standard  of  Alabama  whenever  their  services  shall  he  needed 
to  repel  Black  Republican  force,  should  the  same  ever  lie  em- 
ployed to  subjugate  them.  He  had  contended,  and  so  declared 
by  his  vote,  that  this  Ordinance  about  to  be  passed,  should  be  re- 
ferred to  the  people  for  their  approval  or  rejection,  and  that  an 
effort  -houl, I  be  made,  in  the  Union,  to  adjust  our  existing  diffi- 
culties with  the  North,  by  calling  a  Convention  of  all  the  slave 
holding  States,  and  proposing  as  an  ultimatum  certain  concessions 
to  be  made  by  the  Northern  people,  which,"  if  not  granted,  then  to 

separate.     But  these  had  1 n  voted  down  by  the  majority  of  the 

Convention,  and  now  the  Ordinance  of  Immediate  Secession  was 
about  to  be  passed  by  that  same  majority,  severing  the  link  which 
binds  Alabama  to  the  Federal  Union,  and  no  alternative  is  now 
|eft  the  minority  but  to  acqmiesce   in   tha*.  determined    ad    of  tin 


I  10  BOStOBY    1KB    nSATn    01 

majority.     This  done,  AJabama  stands  forth  as  an  independent 
in  Anticipation  of  which  event,  he  had  written  t<>liis 
-•in.  th  it  the  military  academy   at  West   Point,  to  re- 

ins position  there  and  return  home,  that  In-  might  unit* 
■  ny  with  that  <»t'  hia  native  State — that  for  nearly  two  years 
in  that  excellent  school,  the  knowledge  be  had  acquired  of  mili- 
tary tactics  might  be  <>t'  some  service  in  the  approaching  stormy 
times,  lie  assured  gentlemen  that  whatever  glon  might  attach 
bo  this  act  of  precipitation,  would  belong  to  the  leaders  of  thai 
movement — to  all  <>f  which  tln\  were  most  clearly  entitled. 
In  conclusion,  h<-  was  then  ready  to  record  his  vote  against  it. 

Mi..   I  ►aVis  of  Madison,  --aid : 

Mr.Pn  •    ■!,  too,  have  a  word  to  say  upon  this  occasion.     1 

cannot  remain  unmoved  amid  such  solemn  occurrences.  I  shall  speak 
briefly  and  1  hope  frankly.  It  cannot  1"'  denied  that  circumstances 
have  greatly  changed  since  this  Convention  met  on  last  Monday.  We 
have  seen  State  after  State,  in  the  exercise  of  its  sovereign  pow- 
rithdrawing  from  the  Union  in  the  tew  past  days,  Florida 
has  seceded;  Mississippi  has  seceded — each  by  overwhelming 
majorities.  It  is  now  n<>  longer  a  serious  apprehension  that  Ala 
bama  will  Btand  alone  in  this  movement  of  secession.  It  is  con- 
fident!} asserted  that  Georgia  and  Louisiana  and  Texas  will  follow. 
Under  this  aspect  of  the  case,  it  is  nol  remarkable  that  a  great 
change  has  also  come  over  the  <  invention — a  change  clearly  indi- 
I  li\  the  speeches  that  have  been  thi--  da\  delivered  in  this  hall. 

I  shall  vote  against  the  Ordinance.  But  if  Alabama  shall  need 
th<'  strong  arm  of  her  valorous  sons  to  sustain  her  in  any  emer- 

j  which,  "ii  accounl  "(' this  Ordinant f  Secession,  may  arise 

within  hit'  borders,  by  which  her  honor  or  the  rights  of  her  citi- 
zens are  likely  to  be  endangered,]  saj  for  myself  and  for  my 
constituents— and  I  daresay  for  all  North  Alabama — that  I  and 
they  will  he  cheerfully  ready  \<>  take  our  part  in  the  conflict,  N\  e 
may  not  indorse  the  wisdom  of  your  resolves,  hut  we  will  stand 
bj  the  State  of  Alabama  under  all  circumstances. 

Mr.   Y.W'M    said: 

Mr.   I'Ksitlint — If  no   other   gentleman    desires    to   address   the 

Convention,  I  will  the  usual  parliamentary  privilege  ac- 

corded to  the  Chairman  of  the  Committee  reporting  a  measun — 
that  oi'  closing  the  debate  by  assigning  a  few  reasons  why  the 
measure  before  you  should  he  adopted.     In  common  with  all  oth- 


THE  CONVENTION  OF  ALABAMA.  Ill 

ers  here,  I  feel  that  this  is  a  solemn  hour,  and  I   congratulate  tin 
Convention  that  the  spirit  that  prevails  is  both  fraternal  and  pa- 
triotic— that  whatever  of  irritation  or  suspicion  had  prevailed  hi 
the  earlier  hours  of  our  session,  has  been,  in  a  great  degree,  dissi- 
pated, and  has  given  way  to  a  juster  appreciation  of  the  motives 
and  the  conduct  of  each  other.     In  the  Committee,  the  majority 
yielded  to  the  minority  all  the  time  that  they  desired   for  deliber- 
ation; and  since  the  report  has  been   made,  the  majority  in  the 
Convention  has  also  yielded  to  the  wishes  of  the  minority  in  this 
respect,  and   every  delegate,  who  desired  to  do  so,  has  addressed 
the  Convention  in  explanation  of  his  vote,  and  has  taken  as  much 
time  as,  in    his  judgment,  was  necessary  to  his  purpose.     If,  in 
the  earlier  stages  of  our  proceedings,  it  has  been   thought,  as   it 
lias  been  said  l>y  some  gentlemen,  that  an  uudue  celerity  of  move- 
ment was  pressed  by  the  majority,  I  beg  those   gentlemen   to  be- 
lieve that  this  conduct  on  our  part  was  dictated  solely  by  our  con- 
victious  of  duty,  and  not  from  any — the  least  desire  to  precipitate 
others  into  a   vote,  before  they  were  prepared   to  give  it  under- 
standiogly.     Time  was  deemed,  by  the  friends  of  independent 
State  action,  to  be  either  success  or  defeat  in  the  inauguration  of 
this  great  movement — success,  if  there  was  a  prompt  and  unequiv- 
ocal withdrawal  from  this  Union — or  defeat,  if  time  was  used  to 
delay  and  to  dishearten.      You  who  were  opposed  to  such  action, 
from  a  sense  of  duty,  would  necessarily  be  for  all  such  delaj's  as 
would  aid  in  accomplishing  its  defeat;  we  who  were  for  it,  from  a 
like  sense  of  duty,  were  necessarily  in  favor  of  a  prompt  decision 
of  the  question.     Bach  has  acted,  doubtless,   upon  well-founded 
ideas  of  duty.   All  that  was  necessary  to  a  better  understanding  of 
each  other,  was  a  belief  in  that  fact,  a  belief  in  the  good  faith  of 
each  other;  and  I  rejoice  that  to-day  has  furnished  ample  evidence 
that  we  now  mutually  entertain   that  belief;  and,  on  the   part  ot 
the  majority;  I   return   sincere   thanks  to  the  venerable   delegate 
from  Lauderdale,  [Mr.  Posey.]  who,   though  compelled   to   vote 
against   this  Ordinance,  yet  has  characterized  the  conduct  of  the 
majority  in  this  matter,  as  giving  evidence  of  "wisdom,  discretion 
and  a  spirit  of  conciliation." 

As  to  the  measure  itself,  [the  Ordinance  and  Resolutions,]  what- 
ever of  merit  it  possesses,  is  the  result  of  consultation  between  tin 
majority  and  minority  of  the  Committee.  I  am  sure  that  the 
members  of  that  Committee  will  indulge  me  in  alluding  to  what 
passed  in  its  sessions.  The  majority  decidedly  preferred  to  adopt 
a  simple  Ordinance  of  Secession.  But  determined,  for  the  sake 
of  harmony,  to  do  all  in  their  power  to  disarm  prejudice,  and  (> 
bring  about  a  fraternal  feeling,  they  did  not  hesitate  to  yield  then 


I  |-J  rORl      LKD    DBS  1 

I   desire   in  this  particular,  when  my   friend  from 

Madison  [Mr.  Clemens]    proposed   to   amend   our   proposed    <  >rdi- 

ntaoe  by  adding  thereto  the  preamble  and  resolutions,  w  1 1 i . - 1 1  form 

i  pari  of  his  report     It  i>  well  known  that  some  of  the  people 

been  led  to  believe  that  the  friends  of  secession  desired  to 

Alabama  either  into  a  monarchy,  or  into  an   independent 

.  repudiating  an  alliance  with  other  States,     As  for  myself,  I 

1H  truly  declare  that  I  have  never  met  with    any  friend  of  scces- 

entertaining  such  views.     The  proposition  submitted  by  nay 

!  from  Madison,  [Mr.  Clemens,]  being  in  perfect  accordance 

with  the  wishes  ami  desires  of  the  majority,  and  amply  refuting 

■  misconceptions,  the  one  which  we  would  have  preferred  to 

have  voted  upon  separately,  was  at  once  agreed  to,  and   the  result 

is,  the  measure  now  before  us  for  consideration. 

On   the  first  day  of  our  session   a   resolution  was  unanimously 
adopted,  declaring  that  the  people  of  this  State  would  resist  the 
administration  of  Lincoln  for  the  causes  and  upon  the  principles 
there  enunciated.     On  the  question  of  resistance,  then,  there  is 
no  difference  in  this  Body — all  are  for  resistance.     But  there  is  a 
'liflerence  between  members  as  to  the  mode,  the  manner  of  resist 
ance.     Some  believe  that  when  the  rights  of  our  people  are  denied 
r  assailed  by  the  parties  to  the  Federal  compact,  or  by  the  Fede- 
ral Government,  that  secession  from  this  compact  is   the  rightful 
remedy.     Others  believe  that  secession  is  wrong,  and  that  the 
remedy  is  revolution.     A   careful   reading  of  the   Ordinance   on 
your  table  will  show,  that  the  resistance  therein  provided  may  be 
called  revolution,  disunion,  or  secession,  as  each  member  may  de- 
sire.    The  caption  styles  it  "an  Ordinance  to  dissolve  the  Union,"' 
<&C.     In  the  body  of  the  Ordinance,  the  people  of  the  State  are 
•withdrawn  1'rom  the  compact,"  &C      It  is  true,  that  the  mode  of 
stance  is  organic;  it  is  an  organic  cooperation,  not  of  States, 
but  of  the   people  of  this  State    in   resistance  to  wrong.      In  this 
respect  it  harmonizes  differences.     Another  difference,  both  in  the 
popular  mind  and  in  that   of  delegates,  is,  that  resistance  should 
v  cooperation  of  States,  and  not  by  independent  State  action. 
That  difference  has  been  harmonized  by  the  conjunction  of  the 
<  Ordinance  and  Resolutions,  as  reported  by  the  Committee.     Coop- 
ration  and  separate  State  action,  as  far  as  they  can  be  effected, 
oiler  our  obligation  to  the  Federal  compact  and  in  harmony  with 
the  principles  of  State  sovereignty,  have  been  joined  in  thismeas- 
n v      It  is  true,  there  are  a  class  of  cooperationists,  whose  views 
are  not  met  by  this  measure — those  who  have  advocated  coopera- 
tion to  secure  submission — to  defeat  resistance.     But  there  arc 
mnie  of  that  character  here.     While  the  friends  of  independent 


THE    COPfVENTlON'    OF    ALABAMA.  M  •">' 

State  aetion  in  this  Ordinance  do  obtain  a  declaration  as  to  the 
rights  of  the  people  of  Alabama;  and  as  to  our  determination  to 
sustain  them,  the  friends  of  cooperation,  for  the  purpose  of  effec- 
tual resistance,  also  obtain  a  declaration  of  our  desire  and  purpose 
to  unite  with  all  of  the  slaveholding  States  who  entertain  a  like 
purpose,  in  confederated  or  cooperative  resistance,  and  in  a  confed- 
erated governnleBt  opon  the  principles  of  the  Federal  Constitu- 
tion. 

As  far  as  it  was  possible,  then,  to  do  so,  without  yielding  prin- 
ciples, the  friends  of  resistance  have  used  every  reasonable  effort 
to  meet  on  a  common  ground.  And  I  rejoice  in  the  belief  that 
the  effort  has  been  successful,  and  that  there  will  be  a  far  greater 
unanimity  manifested  when  the  vote  shall  be  taken  on  this  meas- 
ure, than  was  even  hoped  for,  when  we  first  met  in  this  Flail  — 
From  the  remarks  of  gentlemen  to-day,  many  will  be  compelled  to 
vote  against  this  measure  by  reason  of  instructions  of  their  peo- 
ple, who  otherwise  would  vote  for  it.  I  sincerely  respect  these 
motives,  and  think  that  those  occupying  such  positions  act  cor- 
rectly iu  their  premises. 

Mr.  President,  we  are  fortunate  in  having  the  example  of  <>ur 
Ucvolutionaay  fathers  sustaining  the  plan  of  aetion  here  proposed 
— separate  State  action  and  then  cooperation  in  confederating  to- 
gether. South  Carolina,  after  several  months  deliberation,  with  a 
view  to  resisting  British  aggression,  formed  a  State  government 
early  in  the  year  1776.  Virginia  did  so  in  June,  1770,  declaring 
her  separate  and  independent  secession  from  the  Government  of 
"ireat  Britain.  Afterwards,  on  the  4th  of  July,  1770,  the  Con- 
gress of  the  United  States  agreed  upon  and  adopted  a  joint  Dec- 
laration of  Independence.  It  was  after  the  colonies  had  acted 
separately  and  independently,  that  both  the  Declaration  of  Inde- 
pendence and  the  Articles  of  Confederation  and  the  Constitution 
of  tlic  Tinted  States  were  severally  adopted. 

The  friends  of  independent  State  aetion  have  also  cause  to  con- 
gratulate themselves,  that  as  far  as  the  people  of  the  Southern 
States  have  spoken,  they  have  unanimously  expressed  themselves 
in  favor  of  independent  State  action. 

South  Carolina,  Mississippi,  and  Florida,  have  each  already 
acted  independently.  In  this  Convention  a  majority  arc  known 
to  be  in  favor  "I'  that  kind  of  action.  We  have  already  received 
information  that  a  majority  of  delegates  in  favor  of  su -h  action 
has  been  elected,  both  in  Greorgia  and  Louisiana.  I  commend 
this  significant  fact  to  all  who  feel  disposed  to  condemn  an  inde- 
pendent State  movement. 

Some  have  been  disposed  to  think  tliat  this  is  a  movement  of 


11-4  BUST0RT     UTD    DKBATC8    OF 

politicians,  tod  not  of  the  people.  This  is  a  great  error.  Who, 
■  hi  a  cahii  review  of  the  past,  and  reflection  upon  what  ia  daily 
ourriag,  eaa  reasonably  suppose  that  the  people  of  South  Carolina, 
Florida,  Alabama,  Mississippi  and  Louisiana  who  have 
already  elected  ooaTentiona  favorable  to  dissolution,  and  the  people 
e,  North  Carolina  and  Virginia  were  con- 
templating an  assembling  in  their  several  conventions,  have  been 
mere  puppets  in  the  hands  of  politicians  ?  Who  can  f>r  a  moment 
thus  deliberately  determine  that  all  these  people,  in  these  various 
States,  who  arc  so  attached  to  their  government,  have  bo  little  in- 
telligence that  thev  can  he  thus  blindly  driven  into  revolution, 
without  cause,  by  designing  and  evil  minded  men,  against  the  re- 
monstrances of  conservative  men  F  So,  sir !  This  is  a  great  popular 
movement,  based  upon  a  wide-spread,  1  conviction  that 

the  forms  of  government  have  fallen  into  the  hands  of  a  sectional 
majority,  determined  to  use  them  for  the  destruction  of  the  rights 
of  the  people  of  the  South.  This  mighty  flood-tide  has  been  Bow- 
ing from  the  popular  heart  for  years.  You,  gentlemen  of  the  mi- 
nority, have  not  been  able  to  repress  it.  We  of  the  majority  have 
not  been  able  to  add  a  particle  to  its  momentum.  We  arc  each 
and  all  driven  forward  upon  this  irresistible  tide.  The  rod  that 
has  Bmitten  the  rock  from  which  this  flood  flows,  has  not  been  in 
Southern  bauds.  The  rod  ha9  been  Northern  and  sectional  ag- 
gression and  wroog,  and  that  flood-tide 'has  grown  stronger  and 
Btronger  as  daya  and  yean  have  passed  away,  in  proportion  as  the 
people  have  lost  all  hope  of  a  constitutional  and  satisfactory  solu- 
tion of  these  vexed  questions.  In  this  connection,  I  would  say  a 
few  words  upon  the  proposition  to  Bubmit  the  Ordinance  oi'  Disso- 
lution to  a  popular  vote.  ThlB  proposition  is  based  upon  the  idea 
that  there  is  a  difference  between  the  people  and  the  delegate.  It 
i-  to  me  that  this  is  an  error.  There  is  a  difference  between 
the  representatives  of  the  people  in  the  law-making  body  and  the 

pie  themselves,  because  there  are  powers  reserved  to  the  peo- 
ple ley  the  Convention  of  Alabama,  and  which  the  General  As- 
Ai  mbly  cannot  exercise.  Bttl  in  this  body  is  all  power — DO  pow- 
ers are  reserved  from  if.  The  people  are  lore  in  the  persons  of 
their  deputies.  Life,  Liberty  and  Property  arc  in  our  hands. 
book  to  the  Ordinance  adopting  the  Constitution  of  Alabama.  It 
-  "  we  th"  people  of  Alabama,"  \e..  &c.  All  our  acts  are  su- 
preme, without  ratification,  because  they  are  the  acts  of  the  peo- 
ple acting  in  their  sovereign  capacity.  As  a  policy,  submission  of 
thi>  Ordinance  to  a  popular  vote  is  wrong. 

In  the  first  place,  we  have  gone  too  far  to  recede  with  dignity 
and  self-respect  Such  a  submission  involves  delay  dangerous  to 
our  safety.      It  could  not  well  he  effected  before  the  4th  of  March. 


THE  CONVENTION  OK  ALABAMA.  115 

The  policy  is  at  war  with  our  system  of  government.  Ours  is 
not  a  pure  Democracy — that  is  a  government  by  the  people — 
though  it  is  a  government  of  the  people.  Ours  is  a  representative 
government,  ami  whatever  is  done  by  the  representative  in  accor- 
dance with  the  Constitution  is  law  ;  and  whatever  is  done  by  the 
deputy  in  organising  Lmvernment  is  the  people's  will. 

The  policy,  too,  is  one  of  receut  suggestion  ;  if  I  am  not  mista- 
ken, it  was  never  proposed  and  acted  upon  previous  to  1837. 
Certainly  the  Fathers  did  not  approve  it.  The  Constitutions  of  the 
original  Thirteen  States  were  adopted  by  Conventions,  and  were 
never  referred  to  the  people. 

The  Constitution  of  the  United  States  was  adopted  by  the 
several  State  Conventions,  and  in  no  instance  was  it  submitted 
to  the  people  for  ratification.  Coming  down  to  a  later  day,  and 
coming  home  to  the  action  of  our  State  sires,  we  find  another  ex- 
ample against  such  submission.  The  Constitution  of  the  State  of 
Alabama  was  never  submitted  for  popular  ratification. 

One  other  and  most  important  consideration  is,  that  looking  to 
the  condition  of  the  popular  mind  of  the  minority  of  the  people 
on  this  question,  such  a  course  will  but  tend  to  keep  up  strife 
and  contention  among  ourselves.  Such  a  submission,  it.  is  clear 
to  my  mind,  will  but  result  in  a  triumph  of  the  friends  of  seces- 
sion— ami  an  additional  amount  of  irritation  and  prejudice  he 
thus  engaged  in  die  minds  of  the  defeated  party.  Some  gentle- 
men seem  to  think  that  in  dissolving  the  Union,  we  hazard  the 
"rich  inheritance"  bequeathed  to  as.  For  one  I  make  a  distinc- 
tion between  our  Liberties  and  the  powers  which  have  been  dele- 
gated to  secure  them.  Those  liberties  have  never  been  aliens 
ted — are  inalienable.  The  State  Governments  were  formed  to 
secure  ami  protect  them.  The  Federal  Government  was  made 
th  •  common  agent  of  the  States,  for  the  purpose  of  securing  them 
iii  our  intercourse  with  each  other,  and  tlie  foreign  powers.  The 
cours.-  we  are  about  to  adopt  makes  no  war  on  our  liberties — 
nor  indeed  upon  our  institutions — nor  upon  the  Federal  Constitu- 
tion. It  is  but  a  dismissal  of  the  agent  that  first  abuses  our  in- 
stitutions with  a  view  to  destroy  our  rights,  and  then  turns  the 
very  powers  we  delegated  to  him  for  our  protection  against  as 
for  our  injury.     These  powers  were  originally  possessed   by  the 

people  of  the  sovereign  Stales,  and  when  the  common  agent  abuses 

them,  it  seems  to  me  but  the  dictate  of  common  sense,  as  well  as 

an  act  of  s.if- pic-erval  i-m.  thai  the    States    should     withdraw  and 
resume  them. 

The  Ordinance  withdraws  those  once  delegated  by  Alabama — 
and  the  resolutions   accompanying  it.  propose  to  meet  our  sifter 


I  16  BTT8TOR1      imi    DBB  \T1>    OF 

Convention,  and  to  confederate  with  them  on  the   i 
of  the  very  Constitution,  which  was  the  bond  of  compart  and 
i  Alabama,  and  the  other  States  of  the  Tnion.     W< 
prop  as  the  Israelites  did  <>i  old,  under  Divine  direction 

withdraw  our  people  from  under  the  power  that  oppressi  a 
them,  and,  in  doing  so,  like  them,  to  take  with  us  the  Ark  of  the 
1  ovenanl  of  our  liberties. 

TTvere  is  but  one  more  point  upon  which  I  desire  to  -a\  a  few 
words.     My  venerable  friend   from  Lauderdale,  asked  us  t..  r. . i 
r  pressing  the  minority  to  sign  the  Ordinance.     In  my  opin- 
ion  it  is  not  a  necessity  that   it  be  signed  b\  members.     Its  Big' 
nature  does  not  sarilj  express  approval  of  tin- act.     S 

rng  it  is  Imt  an  act  of  attestation,  in  one  sense,  as  when  the  P 
ident  of  the  Senate  signs  an  act  of  the  General  Assembly,  which 
he  Ikis  voted  against.     I  am  willing  to  vote  for  all  reasonable  de- 
to  enable  members  to  consul!  their  constituents.     But  I  be- 
b.  gentlemen  t<>  bear  in  mind  that  when  the  Ordinance  shall 
signed,  the  absence  of  the  signatures  of  any  members  will  l>  ■ 
a  DOtice  t<>  "in-  enemies  that  we  are  divided  as  a  people — and  thai 
there  are  those  in  our  midst  who  will  not  supporl  the  State  in  it> 
hour  of  peril.     'Hie  signature  of  the  Ordinance,  while  waiving  no 
vote  given  against  it — while  giving  up  no  opinion, in  an  evidence 
of  the  highest  character  that  the  signer  will  support  his  country. 
It  will  give    dignity,  strength,  unity  to    the   State  in   which    we 
live,  and  by  which  each  of  its  citisens  should  l>e  prepared  to  'lie. 
t'  its  exigencies  demand  it.     f  now  ask  that  the  vote  ma)  be  taken. 

Mr.  (  Y i:\ikns  said  : 

Mi-.  President — In  man)  of  the  sentiments  j  ust  expressed  b)  the 
gentleman  from  Montgomery,  [Mr.  Yancey,]  I  concur:  in  main 
of  them  I  ilo  not  concur;  an. I  I  think  if  would  have  been  much 
better  it'  many  of  them  bad  not  been  expressed. 

I  have  a  word  or  two.  sir.  which  I  wish  to  say,  before  the 
final  vote  is  taken  upon  the  Ordinance, giving  mj  reasons  for  my 
\ote— hut  I  would  prefer  to  state  those  reasons  when  my  name  is 
called. 

W  hen  Mr.  <  'i.kmkn-"  name  was  called,  fie  sai<l  : 

Mr.  President  —  Bach  member  of  this  Convention,  however 
unpretending  may  have  been  the  obscurity  of  his  past  life,  this 
day  writes  a  name  in  histoiw  which  will  endure  long  after  weour- 

-clves  shall  have  passed  front    the  Stage   of  action.      In    honor   or 


THE    GONVBNTKMi    Off    A1.A1SAMA.  1  1  ~i 

reproach;  in  glory  or  in  shame,  there  it  is  stamped, and  stamped 
forever.  Under  such  circumstances,  I  tivl  that  a  word  of  expla- 
nation as  in  my  course,  will  not  lie  oul  of  place. 

I  shall  vote  for  this  Ordinance;  bu1  frankness  and  fairness  re- 
quires mc  t<>  say  that  I  would  not  vote  for  it.  if  its  passage  de- 
peilded  upon  that  Vote.  It'  it  was  h>l't  to  mc  to  decide  whether 
this  plan  of  resistance.  Or  another,  should  he  adopted.  1  have 
already  indicated  a  strong  preference  for  that  other  which  you 
have  voted  down. 

As  matters  now  stand,  my  vote  will  not  affect  the  decision  of 
the  question  here  in  one  way  or  the  other.  I  am  looking  beyond 
this  hall,  and  beyond  this  hour.  The  act  you  arc  about  to  com- 
mit, is.  to  my  apprehension,  treason,  and  subjects  you,  if  unsuc- 
cessful, to  all  the  pains  and  penalties  pronounced  againsl  that 
highest  political  crime,  or  noblest  political  virtue,  according  to 
the  motives  which  govern  its  commission.  \\  hatever  may  he 
m\  opinion  of  the  wisdom  and  justice  of  the  course  pursued  by 
the  majority.  I  do  not  choose  thai  any  man  shall  put  himself  in 
danger  of  a  halter  in  defence  of  the  honor  and  rights  6f  my  na- 
tive State,  without  sharing  that  danger  with  him. 

I  give  this  vote,  therefore,partly as  an  assurance  that  I  intend 
in  good  faith  to  redeem  the  pledge  which  I  have  made  again  and 
again,  in  public  or  in  private,  in  speeches,  and  through  the  press, 
that  whenever  the  summons  came  to  me  to  defend  the  soil  of 
Alabama,  whether  it  was  at  midnight,  <>r  at  mid-day — whether  I 
believe  her  right  or  wrong,  it  should  be  freely,  promptly  an- 
swered. 

Sir,  I  never  had  a  doubt  as  to  the  course  it  became  me  to  take 
ill  such  an  emergency  as  this.  I  believe  your  Ordinance,  to  hi' 
wrong — if  I  could  defeat  it,  1  would:  hut  I  know  1  cannot.  It 
will  pas-,  and  when  passed  it  becomes  the  act  of  the  State  of 
Alabama.  As  such,  I  will  maintain  and  defend  it  against  all  and 
evert  enemy,  as  long  as!  have  a  hand  to  raise  in  its  defence.  \> 
an  caniesl  that  I  mean  wdiat  I  say,  1  am  about  to  place  myself  in 
.a  position  from  which  there  can  he  u<>  retreat. 

I  ha\e  other  reasons,  Mr.  President,  which  I  do  not  mention 
here,  because  to  do  so  would  in  some  measure  counteract  them. 
I'h''\  arc  known  to  my  friends,  and  there  I  shall  leave  them,  until 
time  and  the  course  of  events  shall  render  their  publication 
proper.  tor  the  present,  it  is  enough  to  say  that  I  am  a  son  of 
Alabama;  her  destiny  is  mine;  her  people  are  mine;  her  ene- 
-  are  mine.  1  see  plainly  enough,  that  clouds  and  storms  are 
gathering  above  us;  hut  when  the  thunder  rolls  and  lightning 
Rashes, )  trust  that  I  shall  in  ithi  r  shrink  nor  cower — neither  mur- 


IIS  IIISTdUV     \M>    DEBATKS    «>K 

iiuir  nor  complain.  Acting  span  the  convictions  of  a  life-tin*, 
calmlj  and  deliberatelj  I  walk  with  you  into  revolution.  B 
perils — be  iis  privations — be  its  sufferings  what  the)  may,  I  share 
them  with  yon,  although  aa  a  member  of  this  Convention  1  op- 
)„,  >..■.!  your  Ordinance,  Bide  by  side  with  yours,  Mr.  President, 
in\  name  shall  itand  upon  the  original  roll, and  Bide  bj  side  with 
sou  1  brave  the  consequences,     I  rote  in  the  affirmative. 

M i .  ^  \m  :.v.  l»\  leave  of  the  Convention,  corrected  a  clerical 
error  in  the  resolution  of  the  Ordinance,  by  changing  ••third" 
to  "  fourth"  day  of  February. 

The  question  being  upon  the  adoption  of  the  Preamble,  Ordi 
nance  of  S  aand  Resolutions  aa  amended,  the  vote  was 

taken  by  ayea  and  noes,  and  they  were  adopt..! — ayes  61,  noee 
30. 

Those    who    voted    in    the    affirmative    are  :     Messrs.     Brooks, 

Baily,  Baker,  of  Barbour,  Baker,  of  Russell,  Haines.  Barclay, 
Beck,  Blue,  Boiling,  Bragg,  Catterling,  Clarke,  of  Marengo,  Coch 
ran.  Coleman,  Clemens,  Crawford,  Creech,  Crook,  Crumpler, 
Curtis,  Daniel,  Dargan,  Davis,  of  Covington,  Davis,  of  Pickena, 
Dowdell,  Foster,  Gibbons,  Gilchrist,  Hawkins.  Henderson,  of 
Ma. on.  Henderson,  of  Pike,  Herndon,  Howard.  Humphries, 
Jul, asm,.  Jewett,  Ketehuiii.  Leonard,  Love.  Mc(  'lanahan.  M.Pher 

son.   McKinne,  Morgan,  Owens,  Phillips,   Kails.   Rives,   Ryan, 

Shortridge,   Silver.    Slaughter,   Smith,  of  Henry.   Starke.   Stone. 

Taylor,  Watts.  Webb,  Whatley,  Williamson,  Yancey,  Yejver 

toll —  til  . 

Those  who  voted  iii  the  negative  are:  Messrs.  Allen,  Beard, 
Brasher,  Duller,  Coffey,  Conian,  Clarke,  of  Lawrence.  Davis,  of 
Madison,  Earnest,  Edwards,  Ford,  Forrester,  Franklin,  Gay, 
Greene,  Guttery,  Hood,  Inzer,  Jemison,  Jones,  of  Lauderdale, 
Jons,  of  Fayette,  Kimball,  Lewis,  McClellan,  Posey.  Potter, 
Russell,  Sanford,  Sheets.  Sheffield,  Smith,  of  Tuscaloosa,  Sted- 

ham.  Steele,  Tiiiilierlakc.  Watkins,  Whitlock,    Wilson,  Winston. 

w I     88. 

Those  in  italics,  who  voted  for  the  passage  of  ^\>^  Ordinance  of 

sion,  were  elected  as  em  .|  ierat  i.mists. 
Mi.    President    BuOOKS   aniioiniced   the  result   of  the  vote,  and 

that  the  Ordinance  of  Secession  was  adopted,  and  that  Alabama 
was  a  free,  sovereign  and  independent  State. 


THK    CONVENTION    OF    ALABAMA.  T  7 f> 

Mr.  Yelverton  introduced  the  following  resolution  : 

Resolved,  That  the   secrecy  be   removed  from  the  proceedings 
of  this  day,  and  that  the  President  of  the  Convention  be  request 
ed  to  telegraph  the  information  of  the  passage  of  the  Ordinance 
of  Secession  to  our  members  of  Congress,  and  to  the  Govern- 
ors of  the  slaveholding  States. 

Mr.  Yelverton's  Resolution  was  adopted,  and  by  motion  of 
Mr.  Yancey,  the  doors  were  throws  open. 

It  would  he  difficult  to  describe  with  accuracy  the  scenes  that 
presented  themselves  in  and  around  the  Capitol  during  this  day. 
A  vast  crowd  had  assembled  in  the  rotundo,  eager  to  hear  the 
announcement  of  the  passage  of  the  Ordinance,  m  the  Senate 
Chamber,  within  the  hearing  of  the  Convention,  the  citizens  and 
visitors  had  called  a  meeting ;  and  the  Company  was  there  ad- 
dressed by  several  distinguished  orators,  on  the  great  topic 
which  was  then  engrossing  the  attention  of  the  Convention.  The 
wild  shouts  and  the  rounds  of  rapturous  applause  that  greeted 
the  speakers  in  this  impromptu  assembly,  often  broke  in  upon 
the  ear  of  the  Convention,  and  startled  the  grave  solemnity 
that  presided  over  its  deliberations. 

Guns  had  been  made  ready  to  herald  the  news,  and  flags  had 
been  prepared,  in  various  parts  of  the  city,  to  be  hoisted  upon  a 
signal. 

When  the  doors  were  thrown  open,  the  lobby  and  galleries 
were  filled  to  suffocation  in  a  moment.  The  ladies  were  there  in 
crowds,  with  visible  eagerness  to  participate  in  the  exciting 
scenes.  With  them,  the  love  songs  of  yesterday  had  swelled  into 
the  political  hosannas  of  to-day. 

PRESENTATION  OF  THE  FLAG. 

Simultaneously  with  the  entrance  of  the  multitude,  a  magnifi- 
cent Flair  was  unfurled  in  the  centre  of  the  Hall,  so  large  as  to 
reach  nearlj  across  the  ample  chamber!  Gentlemen  mounted 
upon  tables  and  desks,  held  up  the  floating  end.  the  better  thus 
to  be  able  to  display  its  figures.  The  cheering  was  now  deafen- 
ing for  some  moments.  It  seemed  really  that  there  would  lie  no 
end  to  the  raptures  that  had  taken  possession  of  the  company. 


0IST0B1      \m.    m.nvrr.s    O* 

Mr.   >  uu  si  addressed  the  Convention,  in  behalf  of  ih.-  ladies 
.,i'  Montgomery,  who  bad  deputed  bim  bo  present  to  the  Con' 
tion   this    Flag— the  work  of  the   ladies   of  Alabama.     In  i li- 
course  of  his  speech  he  described  die  mottoes  and  devices  of  the 

iikI    paid  a  handsome   tribute  to  the  ardor  of  female  pa 
otism. 

The  writer  has  to   regret  that  he   has  been  unable  to  obtain  a 
■o|,\    of  Mr.   Yancey's  speech,  and  thai    ii<'  lias  no  notes  fi 
which  be  can  make  a  satisfactory  report  of  it. 

Mr.  Dabqan  offered  the  following  resolutions: 

Resolved^  That  the  flag  presented  l»\  the  ladies  of  Montgomery 
be  received,  and  that  the  President  of  the  Convention  be  req  i 
od  to  return  to  them  i\i>~  thanks  of  the  <  lonvention. 

'<■<</.  That  tin-  flag  shall  hereafter  be  raised  upon  the  Caj 
itol.  as    indicative   whenever  th     C  rtveution  shall    be   in    opei 

session. 

Mi:.  Smith,  of*  Tuscaloosa, said : 

Mr.  President — 1  was  nol  prepared  for  this  surprise.     1  knew 
nothing   of  this   intended    presentation-     The    suddenness    with 
which  this  gorgeous  scene  lias  Keen  displayed   before  us,  over 
whelms  me  with  emotions  that   impel  me  to  give  utteranci 
i  he  sentiments  that  inspire  me. 

Iii  looking  upon  this  flag,  a  thousand  memories  throng  my 
mind.  The  battle  fields  of  my  country  arc  spread  out  before 
jik — and  amid  the  smoke  and  clamor  of  contending  armies.  I 
floating  above  a  gallant  and  triumphant  soldiery,  The  Star 
Spangled  Banner: — a  flag  sacred  to  memory,  embalmed  in 
Southern  song — baptised  in  the  beet  blood  of  the  greatest  nations 
of  the  earth,  and  consecrated  in  history  and  in  poetry  as  the 
herald  of  Liberty's  grandest  victories  on  the  land  and  on  the  sea. 

Under  the  Slotr-Spangled  Banner  still  float -a  thousand  ships, 
whose  appearance  is  cheered  in  ever}  port.  Under  the  Star- 
Spangled  Banner,  battles  have  been  wo*),  whose  victories,  as  the_\ 
adorn  the  annals  of  an  age,  proclaim  to  posterity  the  untameable 
valor  of  an  infant  people,  under  the  Star-Spangled  Banner,  as  the 
lurid  e_\  es  of  the  Brit  ish  Lion  ha\  e  grov  n  dim,  British  swords  have 
been  surrendered : — 'and,  in  later  days,  in  the  ancient  home  of 
kings,  on  the  dismantled  towers  of  dismembered  nations,  the 
Star-spangled  Banner  in  triumph  has  been  displayed. 


THE    CONVENTION    OF    ALABAMA.  ISftI 

In  parting,  shall  we  not  salute  it? 

Have  we  no  gratitude  for  the  past  1  No  recollection  ef  bh< 
glories  that  have  been  achieved  under  the  glittering  folds  of  th< 
8tar-Spangled  Banner  .'  No  thanks  forthefaihe  that  it  has  brought 
to  the  country?  In  the  memory  of  the  gallant  soldiers  that  lie 
m]  the  field  of  death,  enshrouded  in  its  folds;  in  the  name  ol 
Perry  and  Decatur,  of  Lawrence  and  Jackson,  and  a  long  line 
of  illustrious  heroes — "  Let  him  who  has  tears  to  shed,  prepare 
to  shed  them  now"' — now.  as  we  lower  this  glorious  ensign  ol 
our  once  vaunted  victories. 

Wc  accept,  this  Finn.  It  is  presented  by  the  ladies  of  Alaba- 
ma.     I  see  upon  it.  a  beautiful  female  faee. 

-  Oil !  womnn  !  in  our  hours  of  ease, 
Uncertain,  coy.  and  hard  to  please. 
And  variable aa  the  shade 
By  the  light  quivering  aspen  made; 
When  pain  and  sorrow  wring  the  i 
A rhinislerlng  angel  thou." 

Presented  by  the  daughters  of  Alabama!     The  history  of  tin 
world  teaches,  that  iri  times  of  trouble  and  danger  to  her  cotm 
try,  woman    is  always   in  the  van.     Her  heroism  is  reserved  fill 
revolutions.      She    has    been    known   to   tear  the  jewels  from  h< 
ears,  the  diamonds  from  her  neck,  and  the  rings  from  her  fingers 
and  sell   them  to  buy   bread  for  the  starving  soldier.       Nay,  in 
order   to   aid    a  Struggling  army,  we  see  her  cutting  away    tin 
glorious   locks  that  adorn   her  beattty,  and   consent  even  for  then 
to  become  the  "dowry  of  a  second  head."      What  wonder,  then 
that    now,    in   these  stirring  times,  when    "grim    visaged    war' 
wrinkles  the  brow  Of  Peace — what  wonder  that  the  daughters  Oi 
Alabama  should   thus  endeavor  to  impart  to  our  veins  the  burn- 
ing currents  of  their  own  enthusiasm!      What  wonder  that  they 
should  strive,  by  tl  ful  devices  oi' female  ingenuity. 

lift  us  hi.  to  the  fieighl  of  their  own  hallowed  inspiration  ! 

We  accept  this  flag;  and,  though  it  glows  with  but  a  singlt 
.  may   thai  star  increase  in    magnitude  and    brilliancy,  until  it 
out-rivals  the  historic  glories  of  the  Star-Spangled  Banner! 

Mr.  Dargan's  resolutions  were  adopted,  and  the  President  de 
puled  Mr.  Baker,  of  Barbour,  to  return  the  thanks  of  the  < 
vention  to  the  ladies, 

Mr.  Baker  ascended  the  President's  stand,  and  in  a  very  beau 
tiful  and  appropriate  speech  returned  to  the  ladies  the  thank 
the  Convention  for  their  patriotic  present.     This  speech  was  emi- 


182  IHSroKY     ASP    DKHATICS    OK 

•y    worthy    of  pre-'-rvat "nm.      'Hie    writer    of  these    page* 

made    several    earnest   but    unsuccessful   efforts   to   obtain   a 
of  it  for  publication. 

\iiiid  the  wild  enthusiasm  that  had  taken  us  well  poasefsion  of 

t«  fall  a:*  of  the  streets  and  the  city,  the  Convention  ndjonrned. 


The  roar  of  cannon  was  heard  at  intervals  daring  the  remain 
der  of  this  eventful  day.  The  new  flag*  of  Alabama  display.  J 
ita  virgin  features  from  the  windows  and  towers  of  the  surround- 
ing houses;  and  the  finest  orators  of  the  State,  in  harangue*  of 
congratulation,  commanded  until  a  late  hour  in  the  night  the  at- 
tention of  shouting  multitudes.  Every  species  of  enthusiasm  pre- 
vailed. Political  parties,  which  had  so  lately  lrccn  standing  in 
sullen  antagonism,  seemed  for  the  time  to  have  forgotten  their 
differences  of  opinion;  and  one  universal  glow  of  fervent  patriot- 
ism kindled  the  enraptured  community. 


'  The  writer  will  be  pardoned  for  appropriating  a  corner  on  this  page  to 
the  preservation  of  the  Sonnet  below.  He  knows  of  no  better  location  tor  it 
And  perhaps  only  the  fervor  of  sneh  enthusiasm  as  prevailed  at  this  time. 
could  tolerate  the  extravagant  hyperbole. 

THE  LOST  PLEIAD  FOUND. 

Long  years  ago,  at  night,  a  female  star 
Fled  from  amid  the  Spheres,  and  through  the  Spare 

Of  Ether,  onward,  in  a  Ifaming  car, 

Held,  furious,  headlong,  her  impetuous  raee  : 

She  burnt  her  way  through  skies;  the  azure  haze 

Of  Heaven  assumed  new  colors  in  her  bln/e  ; 

•Sparklets,  emitted  from  her  golden  hair, 

Diffused  rich  tones  through  the  resounding  air  ; 

The  neighboring  stars  stood  mute,  and  wondered  woei. 

The  erring  Sister  would  return  again: 

Through  Ages  still  they  wondered  in  disniav  : 

But  now,  behold,  careering  on  her  way. 

The  long-lost  pj.eiad  !  lo  !  she  takes  her  phtct 

On  Alabama's  iv.ao.  and  lifts  her  radiant  vm:v 


THE  CONVENTION  OF  ALABAMA.  1£! 


SIXTH  DAY— JANUARY  TWELFTH— OPEN  SESSION. 

Mr.  Cochran,  from  the  Committee  to  wait  on  the  Commissioner^ 
from  Georgia  ami  Mississippi  to  this  State,  introduced  to  the 
Convention  Gen.  J.  W.  A.  San  ford,  Commissioner  from  the  State 
of  Georgia,  who  addressed  the  Convention  upon  the  subject  of 
his  mission. 

The  Reporter  regrets  that  he  has  been  unable  to  procure  a  copy 
of  Gen.  San  ford's  speech  on  this  occasion.  Tt  was  listened  to 
by  the  Convention  with  profound  attention.  At  the  close  of  the 
address,  there  was  an  interesting  colloquy  between  the  Commis- 
sioner and  Judge  Posey,  touching  the  coast  defenses  <>f  Georgia. 

Mr.  Dargan   read   an  Ordinance   authorizing   the   Governor   to 

raise  one  million  of  dollars  for  State  purposes,  by  the  issuance  of 
State  bonds,  to  run  not  less  than  live  nor  more  than  twenty  years; 
and  the  bonds  not  to  be  sold  at  a  discount. 

Mr.  Daiu;an  said : 

That  there  was  a  necessity  to  raise  money.  The  people  would 
see  that  such  necessity  existed,  and  their  patriotism  would  be 
equal  to  the  occasion.  If  Alabama  lives,  the  bonds  would  be 
good  ;  if  Alabama  dies,  of  course  our  property,  which  will  be 
pledged  for  the  bonds,  will  also  die.  He  wished  the  people  of 
Alabama  to  take  the  bonds,  but  people  of  other  States  should  also 
have  the  privilege.  In  South  Alabama  he  knew  there  was  a  great 
deal  of  money  that  was  lying  idle  in  the  hands  of  trustees  and 
others,  which  here  would  find  a  source  of  sound  investment.  He 
asked  the  reference  of  the  Ordinance  to  the  Committee  of  Fin- 
ance, which  was  done. 

The  following  dispatch  was  laid  before  the  Convention,  by  the 
President : 

t'liAKl.KSToN,   .January  1H.   1861. 

Lar^e  steamship  off  the  bar.  steaming  up  ;  supposed  to  be  the 
Brooklyn.     Expect  i  battle.  tt.  B.  1U1KTT,  Jr. 

Mr.  Watts  placed  before  the  Convention  the  following  dispatch  : 


I\M  BI8T0RY     \M'    DOBATK8    '>!• 

Ih  \  i '81  'ii. i. r,  January  12,  1861. 

\     H    MOOBI  : 
I       ,\r  Ibr  Montgomery  to-day,     It  ia  absolutely  certain  thai 
Tennessee  win  go  with  the  South.  L.   I'.  WALKER. 

Mr  Sanderson,  of  Macon,  offered  the  following  Resolution, 
whiofa  wae  referred  to  the  Committee  on  Foreign  Relation!  i 

'.  That  the  Committee  on  Foreign  relations  be  instructed 
t<i  inquire  into  the  expediency  of  sending  a  Bpeoial  Commissioner, 
nr  Commissioners,  to  the  Territories  of  New  Mexico  and  Aritonia, 
for  the  purpose  of  securing,  if  possible,  the  annexation  of  those 
Territories  to  :i  Southern  Confederacy,  as  new  States,  at  the  ear- 
lies!  practicable  period. 

A  communication  from  the  Governor  was  received  and  read, 
with  reference  to  affairs  at  Pensacola,  as  follows  : 

Exkci  tin  i:  Department,  January  L2,  18G1. 
To  Hon.  Wm   M.  Brooks,  President  State  Convention: 

Sir:  The  following  resolution,  passed  by  the  Convention,  has 
ju.-t  been  handed  me  by"  the  Secretary  of  that  body  : 

••  Resoloed,  That  the  Governor  be  requested  to  communicate  to 
the  Convention  any  information  he  may  have  as  to  the  condition 
of  military  operations  near  Pensacola." 

I  regret  that  it  becomes  my  duty  to  inform  tho  Convention  that 
the  Federal  troops  have  deserted  the  Navy  Yard  and  Fort  Baran- 
oas,  and  now  occupy  Fort  Pickens,  with  about  eighty  men.  The 
guns  ere  spiked  at  Bareness  and  the  Navy  Yard,  and  the  Public 
Store*  removed  to  Fort  Pickens.     This  Inn  commands  Fort  Karan- 

cas  and  the  Navy  Yard,  and  can  only  be  taken  by  an  effective 
force,  and  by  bold  and  skillful  movemi 

Fort  Pickens  was  garrisoned  oh  Wednesday  eight.  Col.  I.u- 
max  left  Montgomery  on  Wednesday  eight,  at  7  o'clock,  with  two 

hundred  ami  twenty-five  men,  and  arrived  at    Pensacola  last   nighl 

at  in.  The  three  hundred  troops  ordered  from  Mobile  to  the 
same  point,  under  the  resolution  of  the  Convention,  were  tele- 
graphed, when  about  to  sail  for  Pensacola,  by  Major  Chase,  in 
command  at  Pensacola,  to  remain  in  Mobile  until  the  receipt  of 
further  orders. 

The  Governor  of  Mississippi  has  ordered  troops,  at  my  sugges- 
tion,   to    I'eiisacola.      They  will   halt   at   Mobile,    I    presume,  until 

ordered  to  >iil  for  Pensacola. 

This  i>  all  the  information  1  can  give  at  this  time.  I  expect  a 
messenger  to-night  with  full  information.     Very  respectfully, 

A.  U.  MOORE 


THE    CONVENTION    OF    ALABAMA.  125 

SEVENTH  DAY— JANUARY  FOURTEENTH. 

The  Convention  met  in  the  Senate  Chamber  to-d&y,  for  the 
convenience  of  the  members  of  the  House  of  Representatives — 
the  Legislature  having  assembled  in  obedience  to  the  call  of  the 
Governor.  The  Senate  accommodated  itself  in  the  Supreme 
Curt  room,  and  the  Judges  of  that  Court  held  their  sittings  in 
the  Library. 

Mr.  Bragg,  l>y  leave, read  dispatches  fr6m  Mobile,  as  follows: 

Mobile.  January  13,  1861. 
To  John  Bragg — -Have  you  passed  the  Ordinance  for  collec 
lion  of  duties,  clearance  of  vessels,  and  disposing  pf.United  States 
property?     I  have   resigned,  and   I   hold   treasure  for  the  State, 
waiting  its  instructions.     Please  answer. 

TIIADDEIS  SANFOTU). 

Mr.  Bragg,  by  leave,  offered  the  following  Resolution,  which 
was  adopted  : 

Resolreil,  That  the  Chairman  of  the  Committee  on  Imports  and 
Duties  be  authorized  to  transmit  to  Tliaddeus  Sanford,  the  Col- 
lector of  the  Port  of  Mobile,  a  telegraphic  dispatch  informing 
him  of  the  passage  of  the  above  Ordinance,  and  requesting  him 
to  repair  to  this  eit\  immediately,  to  confer  with  the  Committees 
on  Commerce  and  Finance,  and  Imports  and  Duties,  in  reference 
to  matters  appertaining  to  his  office,  and  the  interests  of  the 

State. 

Mi-.  Baker,  of  Harbour,  by  leave,  read  a  dispatch  from  Gov. 
Perry  of  Florida,  as  follows: 

Tallahassee,  Fla.,  January   11.  1861. 
To  Gov.  A.  B.  Moore,  Executive  Department. 
Telegraph  received.     Can  you  send  (500)  live  hundred  stand 
nf  arm's  to  Col.  Chase?  M.  S.  PERRY. 

The  communication  from  Messrs  Pugh  and  Carry,  former 
members  of  Congress  from  this  State,  was  read  as  follpws  : 

M<  '\  rOOMEHY,    A  I  \.         I 

January  l<>.  1861.  \ 
How.  Wm.  M.  Brooks, 

President  of  the  Convention-: 
Sir— -In  response  to  the   Resolution,  adopted  by  the  Convcn- 


126  HISTORY    AND    OEHATES    OF 

tion.  requ  sting  us  to  communicate,  in  writing, any  tacts  or  infor- 
mation which  may  be  in  our  i"  .  touching  the  action  of 
-  and  the  purpose  of  the  Black  Republican  party,  which 
would  aid  th<'  body  in  its  deliberations;  we  state,  with  a  due 
appreciation  <>/  the  high  compliment  contained  in  such  a  request, 
that  tii  •  facility  and  frequency  of  communication  between  this 
<-it\  an  I  Washington,  are  so  great  .-is  to  render  accessible  to  every 
reader  of  the  public  prints,  nearly  every  source  of  information 
which  is  open  to  a  member  of  Congn 

Ii  gives  U8  pleasure  to  comply,  so  far  as  we  can,  in  presenting 
the  object  of  your  assembling; 

>.  in  the  session,  a  Committee  of  Thirty-three  was  appoint' 
ed  by  the  House  of  Representatives  to  oonsider  the  perilous  con- 
dition of  public  affairs  and  report  (hereon  to  the  House.  The 
materiel  of  that  Committee  represented  the  conservatism  of  the 
Union  men,  South,  and  the  Republicans,  North.  After  frequent 
attempts  to  agree  on  some  adjustment  of  political  difficulties, 
several  Southern  members  withdrew  from  its  deliberations,  and 
the  Committee  at  last  utterly  failed  to  adopt  or  agree  upon  any 
terms  sati factory  to  the  most  moderate  and  yielding. 

At  a  later  day,  a  Committee  of  Thirteen,  tor  a  similar  purpose. 

was  appointed  by  the  Senate.  It  was  composed  of  the  represen- 
tative men  of  both  sections  and  all  parties,  and  after  several  fruit- 
less and  earnest  efforts,  reported  inability  to  agree  upon  any  plan 
of  aettlement. 

The  belief  prevails  with  no  well  informed  man  of  either  section 
iu  Congress,  excepting  those  who  are  willing  to  submit  without 
terms  to  the  election  of  Lincoln  and  Hamlin,  that  any  settlement 
can  be  had  in  the  Union. 

The  determination  is  universal  with  the  Republicans  of  all  de- 
grees of  hostility  to  slavery,  to  abate  nothing  from  their  princi- 
ples and  policy,  as  defined  in  the  Chicago  platform.  It  is  the 
fixed  purpose  of  tie-  Republican  party  to  engrafl  its  principles 
and  policy, upon  the  Federal  Government.  Prominent  Repub- 
licans have  represented  to  us,  that  if  they  were  faithless  enough 
lo  retract   from  the  platform  on  which  they  obtained  power,  their 

constituents  would  crush  them. 

We  have  been  assured  by  many  resistance  men  in  the  Border 
Blaveholding  States,   that    they  have    no    hope    of  a  settlement  of 

existing  difficulties  in  the  Union,  ami  are  anxious  for  the  Cotton 
States  lo  Becede  promptly.  Some  favor,  or  have  favored,  a  con- 
sultation of  all  the  Southern  States  to  negotiate  for  new  guaran- 
ties, with  but  little  or  ho  expectation  of  obtaining  them,  but  for 
the  purpose,  in  the  event  of  failure,  of  securing  the  ultimate  con- 


TRB  CONVENTION  OK  ALABAMA.  127 

temporanedus  secession  of  such  States.  Our  settled  conviction 
is,  that  a  large  majority  of  our  friends  in  the  Border  States,  dis 
posed  to  resist  Republican  ascendancy,  desire  the  immediate  se- 
cession of  the  Cotton  and  Gulf  States;  in  which  event,  the  only 
question  left  tin-  such  States  will  be  to  select  between  the  scced 
ing  and  friendly  States  and  a  hostile  government;  and  on  the  de 
termination  of  that  issue,  there  will  be  but  an  inconsiderable  op 
position. 

It  is  the  concurrent  opinion  of  many  of  our  friends  in  the  Border 
and  Northern  States,  that  the  secession  of  the  Cotton  States  is  an 
indispensable  basis  for  a  reconstruction  of  the  Union.  Possibly 
the  most  important  fact  we  can  communicate  is.  that  the  opinion 
generally  obtained  in  Washington,  that  the  secession  of  five  or 
more  States  would  prevent  or  put  an  end  to  coercion,  and  the 
\e\v  York  Tribune,  the  most  influential  of  Republican  journals, 
concedes  that  the  secession  of  so  many  States  would  make  coer 
.ion  impracticable. 

We  have  the  honor-  to  be,  most  respectfully, 

Your  obedient  servants, 

J.  L.  PUGH, 

-1.  L.  M.  CURUY. 

After  the  reading,  the  document  was  laid  on  the  table. 

Mh.  Dowhei.i.  oflored  the  following  resolution,  which  was 
adopted  : 

Resolved^  by  the  people  of  the  State  of  Alabama,  in  Convention 
Assembled,  That  the  Commissioners  heretofore  appointed  by  the 
Governor  of  this  State,  to  the.  several  Shareholding  States,  be 
and  they  are  hereby  directed  to  present  to  the  Conventions  of 
(♦aid  States  the  Preamble,  Ordinance  and  Resolutions  adopted  by 
(he  people  of  the  State  of  Alabama,  in  Convention,  on  the  11th 
day  of  January,  1861,  and  to  request  their  consideration  of,  and 
concurrence  in,  the  Bret  resolution. 


KIGUTH  DAY— JANUARY  FIFTEENTH. 

Mr.  Ciii'iikan. from  the  Committee  on  the  Constitution,  reported 
the  following  Ordinance,  which  was  adopted': 

An  Ordinance  to  Change  the  oath  of  office  in  this  State. 

lie  it  declared  and  ordained,  audit  is  hereby  declared  and  ordain- 
<d  by  the  people  of  the  State  of  Alabama,  in  Convefition  assembled, 


28  IIISTORl     AM)    DEI 

LTiat  the  fi       3       on  and  sixth  Article  of  the  Constitution  of  thu 
-  .  Alabama  be  amended  bj  striking  out  ofthe  fifth  liu 

S     tion  the  words  "( Ions  ti  tut  ion  ofthe  United  St.it'  Band  the," 
tfter  the  word  "the"  and  before  the  word  "Constitution'1  whew 
■  ocur. 

I  be  it  further  ordained  u  Chat  all  officers   in 

his  State  are  hereby  absolved  from  the  oath  to  support  the  Con- 
on  ofthe  United  States  heretofore  taken  1>\   them. 

RESIGNATION  OF  Ml;.  FOWLER. 

The  Presidenl  read  the  following  communication  from  the  Sec 
ctary  : 

Montgomery,  January  15,  1861. 
I  leu.  \\m.  M.  Brooks,  Presidenl  Convention — 

: — I  have  received  :i  notification  that  my  company  the  "  War- 

Guands,"  Tuscaloosa  county,  Btarts  to-day  for  Fori    Morgan 

by  order  of  the  Governor,  and  it  is  my  duty  as  well  as  my  Incli- 

•  ii  to  join  it  forthwith. 

[   therefore  resign  my  place  as  Secretary  to  your  honorable 

Respectfully, 

W.  IT.  FOWLER. 

Mr.   Henderson,  of  Macon,  offered  the  following  resolution, 
which,  on  motion  of  Mr.  Clemens,  was  laid  on  the  Cable: 

Resolved,  Thai  in  accepting  the  resignation  of  the  Principal  Sec 

retary,  Mr.  W.  II.  Fowler,  who  has  tendered  the  same  for  the 
purpose  of  obeying  the  call  of  our  State  to  defend  her  from  inya- 
tion,  and  while  we  entertain  a  high  appreciation  of  his  services  as 
m  officer  of  this  body,  we  yield  to  the  exigency  which  deprives  us 
if  hlS  able  services;   ami  our   DBSl    wishes  accompany  him  to  the 

Hist  of  danger  to  which  he  is  called. 

The  President  afterwards  read  the  following  letter  from   Mr, 
Fowler: 

Montgomery,  Ala.,  January  15,  1861. 

I  Ion.  \\M.  (1.  Brooks — 

S,r: — Learning  through  yourself  that  my  resignation  as  Seorc- 
mi-\.  for  the  purpose  named,  was  nol  accepted  by  the  Convention. 
I  beg  to  saj  that,  fully  appreciating  the  kindness  of  those  who  de- 
ne to  remain  in  this  position,  yet,  I  feel  in  honor  bound  to 
join  my  company,  and  with  due  respect  to  the  Convention  I  must 
do  so.  Very   respectfully. 

W.  II.  FOWLER. 


THE  CONVENTION  OF  ALABAMA.  [29 

On  motion,  the  resolution  offered/by  Mr.  Henderson,  of  Maoon. 
was  taken  up  and  adopted. 

Mr.  Whatlev  moved  to  go  into  the  election  of  a  Secretary, 

which  was  adopted,  and  the  name  of  Mr,.  A.  G.  IIokn,  of  Mobile. 
being  put  in  nomination,  he  was  elected  l>v  acclamation,  there  be- 
ing no  opposition. 

Mr.  Yancev  made  a  report  from  (lie  Committee  of  Thirteen 
upon  the  formation  of  a  Provisional  and  Permanent  Government 
between  the  seceding-  States — and  on  his  motion  the  Report  and 
Ordinance  were  laid  on  the  table,  And  200  copies  ordered  to  1" 

printed  for  the  use  of  the  Convention. 

Mr.  Posev,  by  leave,  introduced  "An  Ordinance  to  prohibit 
the  African  Slave  Trade,"  and  asked  to  have  it  made  the  special 
order  of  the  day  tor  Monday  next. 

On  motion  of  Mr.  Whatlev.  it  was  referred  to  the  Committee 
on  Foreign  Relations. 

Mr.  Henderson,  of  Macon,  introduced  "An  Ordinance  provid- 
ing for  a  Council  of  State."'  which,  on  his  motion,  was  referred  to 
the  Committee  on  Military  Affairs. 


NINTH  DAY-JANUARY  SIXTEENTH. 

The  Convention  having  assembled  in  the  Hall  of  the  House  of 
Representatives,  [for  the  accommodation  of  the  Legislature  and 
the  large  audience,]  on  motion,  a  Committee  of  three,  consisting 
lelir.iu,  Ifenidon  and  l>ailev.  were  appointed  to  wait  upon 
Bx-Gov.  Matthews,  the  ( 'oinniisssioncr  from  Mississippi  to  Alaba- 
ma, and  inform  him  that  the  Convention  was  ready  tq   hear  him. 

<  >n  motion,  the  members  of  the  General  Assembly  were  invi- 
ted tojjseats  within  the  Bar  of  the  Convention,  on  this  occasion, 
and  the  President  of  the  Senate  and  Speaker  of  the  House  of 
Representatives,  were  invited  to  seats  on  the  stand  by  the  Presi- 
dent of  the  Convention. 


ISO  BISTORT     AN!)     OKI1XTF.K    01 

■  having  returned,  with  Ex-Gov.   Matthews,  he 
introduced  by  die  President,  and  addressed  the  Conventioi 
in  an  elnboral     and   eloquent  tpeeoh In  relation  to  the  < 
his  mission. 

[The  Reporter  has  not  been  able  to  obtain  a  oopy  of  Ex-Gov. 

Matthews'  speech.] 

i  Gov.  Matthews  had  spoken  about  an  hour,  upon  motion 
by  Mr.  Whatley,  th  I  avsntion  repaired,  in  a  body,  to  their 
own    Hi'1,  -.v.  \  resutns!  a  ssion;    when  the  Commie 

sioner  continued  his  address,  upon  subjects  which  it  was  thought 
advisable  should  not  be  made  public. 

A  in  :  the  I  io\  ernorcommunicated  resolutions  adopted 

b\  certain  Southern  Senators,  and  ;t  letter  from  Senator  Clay,  which 
were  read,  and.  on  motion  of  Mr.  Morgan,  they  were  referred  tt 
the  Committee  on  Foreign  Relations. 

On  motion,  by  .Mr.  Yancey,  the  special  order  of  the  day,  being 
the  Report  of  the  Committee  of  Thirteen,  "  upon  the  formatioi 
of  a  Provisional  and  Permanent  Government  between  the  S<  » 
ding  States,"  was  taken  up. 

Hie  follow  ing  is  the  Report : 

REPORT    AND   RESOLUTIONS. 

Prom  th'-  Committee  of  Thirteen,  upon  the  formation  of  a  Pro 
visional  and  Permanent  Government    between    the  Seceding 

Mates. 

The  Committee  of  Thirteen,  beg  leave  to  report  that  they  have 
had  under  consideration  the  "Report  and  Resolutions  from  the 
Committee  on  Relations  with  the  Slave  Holding  States,"  provi- 
ding for  the  formation  of  a  Provisional  and  Permanent  Govern- 
ment by  the  Seceding  States,  adopted  by  the  people  of  the  State 
of  South  Carolina,  in  Convention,  on  the  31st  December,  1860, 
and  submitted  to  this  body  by  the  Hon.  A.  P.  Calhoun,  Com- 
missioner from  South  Carolina,  which  report  and  resolutions  were 
red  to  this  Committee. 

rhey  have  also  had  under  consideration   the  resolutions  upon 

the  same  Bubjpct,  referred  U)  them,  whteh  were  submitted  by  the 


THE  CONVENTION  OF  ALABAMA.  L'{1 

delegates  from  Barbour  and  from  Tallapoosa.  All  of  these  reso- 
lutions contemplate  the  purpose  of  forming  confederate  relations 
with  such  of  our  sister  States  of  the  South  as  may  desire  to  do 
so.  The  only  disagreement  between  them  is,  as  t<>  the  details  in 
effecting  that  object.  The  Committee  unanimously  concur  in  the 
purpose  and  plan  proposed  by  the  Convention  of  the  people  of 
South  Carolina.  In  tin'  Opinion  of  the  Committee,  there  lias  never 
heeii  any  hostility  felt  by  any  portion  of  the  people  of  Alabama 
against  the  Constitution  of  the  United  Slates  of  America.  The 
wide-spread  dissatisfaction  of  the  people  of  this  State,  which  has 
finally  induced  them  to  dissolve  the  Union  styled  the  United 
States  of  America,  has  been  with  the  conduct  of  the  people  and 
Legislatures  of  the  Northern  States,  setting  at  naught  one  of  the 
plainest  provisions  of  the  Federal  Compact,  and  with  other  dan 
gerous  misinterpretations  of  that  instrument,  leading  them  to  be 
lieve  that  the  Northern  people  design,  by  their  numerical  majori- 
ty, acting  through  the  forma  of  government,  ultimately  to  des- 
troy many  of  our  most  valuable  rights. 

With  the  people  of  South  <  arolina.  we  believe  that  the  Fede- 
ral Constitution  '•  presents  a  Complete  scheme  of  confederation, 
capable  of  being  speedily  put  into  operation:"  that  its  provision* 
and  true  import  are  familiar  to  the  people  of  the  South,  ''many 
of  whom  are  believed  to  cherish  a  degree  of  veneration  for  it;" 
and  that  all  "  would  (feel  safe  under  it.  when  in  their  own  hands 
for  interpretation  and  administration  ;  especially  as  the  portions 
(hat  have  been,  by  perversion,  made  potent  for  mischief  and  op- 
pression in  the  hands  of  adverse  and  inimical  interests,  have  re- 
ceived a  settled  construction  by  the  South:  that  a  speedy  confede- 
ration by  the  South  is  desirable  in  the  highest  degree,  which  it  is 
supposed  must  be  temporary ,  at  .first ,  (if  ac<  0Q1  plished  as  soon 
aa  it  should  be,)  and  no  better  basis  than  the  Constitution  of  the 
United  States  is  likely  to  be  suggested  or  adopted."  This  Con- 
vention, in  the  resolutions  accompanying  the  Ordinance  dissol- 
ving the  I  uion,  has  already  responded  to  the  invitation  of  the 
people  of  South  Carolina,  to  meet  them   in  Convention  for  the 

purposes  indicated  in  their  resolutions,  and  have  named  Mont- 
gomery, in  this  Stale,  and  the  1th  day  0*f  February,  as  the  ap- 
propriate place  and  time,  at  which  to  meet.  In  fixing  the  time 
and    place,  this   Convention    but    concurred    in   the   suggestions  of 

the-  honorable  gentleman  representing  '1"'  people  of  South  Caro- 
lina before  this  body.      We  are   aware  that    several    of  our   sister 

States,  which  have  indicated  a  disposition  to  secede,  from  the 
Union,  and  have  called  Conventions  of  their  people,  may  not  be 
abb-  to  meet  us,  at   so  i  arly  a  da)  :  but  the  great  importance  to 


BBTOR1      \M'    DKB1 

ad   whicll   arc   likch   to 
secede  by  thai  date,  of  having  a  common  government  to  manage 
their  federal  and  foreign  affairs  in  the  emergency  now  pressing 
■i  them,  outweighed,  in  the  opinion  «>t*  the  Committee,  the 
lideration  which  suggested  delay.     The  ' ' mittee  m<  re  read- 
came  this  conclusion,  as  the  .Convention  which  will   meet  on 
I'd  ut'  February,  will  at  firsl  be  engaged  in  the  formation  of 
i   Provisional  Government — leaving  the  more  important  q 
tion  of  a  Permanent  Government  to  I"-  considered  of  at  a  later 
day  :  by  which  time  it  Is  hoped  and  believed  that  all  the  Southern 
States  will  be  in  i  condition  to  send  deputies  to  the  Convention, 
ami  participate  in  its  councils.     It  was  thought,  also,  that   the 
proposition  to  form   the  Provisional  Government  upon  the  basis 
uf  the  Federal  Constitution,  so  much  revered  by  all  the  Southern 
states,  would  meet  with  the  approval  of  all  those  which  maj 

The  Committee  are  alsoof  opinion  that  the  election  of  the 
deputies  t<>  meet  the  people  of  our  sister  States  in  Convention, 
should  be  made  bj  the  Convention.  To  submit  the  election  to 
the  people  would  involve  a  dangerous  delay,  and  it  would  l>e  im- 
tioable  t"  secure  an  election  by  the  people  before  the  tth  of 
February  next. 

The  Committee,  therefore,  recommend  to  the  Convention  the 
idoptiou  of*  the  following  resolutions,  [here  printed  asamended,] 

.  i/  : 

Resolved^  Thai  this  Convention  cordial!)  approve  of  the  suc- 
tions of  the  Convention  of  the   people  of  South  Carolina,  to 
iic-it  them  in  Convention  at  Montgomery,  in  the  State  of  Avlaba 
him.  on  the  fourth  day  of  Februran .  1861,  to  frame  n  Provisional 
in  1 1  ion t.  upon  the  principles  of  the  Constitution  of  the  United 
States,  and  also  to  prepare  and  consider  upon  a  plan  for  the  • 
tion  and  establishment  of  a  permanent   Government  for  the  Bece- 
ding  States,  upon  the  same  principles,  which  shall    be  submitted 
to  Conventions  of  such  Becedmg  States  for  adoption   or  rejection. 
'<'"/.  That  we  approve  of  the  suggestion  that  each  State 
shall  send  to  said  Convention  as  many  deputies  as  it  now  has.  or 
has  lat.'lv  had.  Senators  and  Representatives  in  the  Congress  of 

the  United  Stales  ;    and  that    each  Slate  shall  have  one  vote  upon 

all  questions  upon  which  a  vote  iua\  l.e  taken  in  said  Convention. 
Ived,  therefbre%  That  this  Convention  will  proceed  to  elect. 
by  ballot,  one  deputj  from  each  Congressional  District  in  this 
State,  ami  two  deputies  from  the  State  at  large,at  twelve  o'clock, 
meridian,  on  Friday,  the  [8th  of  January,  instant,  who  shall  be 
authorized  to  meet  in  Convention  such  deputies  as  may  be  an 
pointed   by  the  other  slaveholding  State?,  who  maj  secede  from 


THE  CONVENTION  OF  ALABAMA.  13o 

the  Federal  Union,  for  the  purpose  of  carrying  into  effect  the 
foregoing,  and  the  resolutions  attached  to  the  Ordinance  dissol- 
ving the  Union  ;  and  thai  deputies  shall  be  elected  separately} 
and  each  deputy  shall  receive  a  majority  of  the  members  voting. 

Mr.  Jemison  moved   to  change  the    word    "for''  to  "from. 
where  it   occurred  in  the  first  line  of  third  resolution.     With- 
drawn. 

Mb.  Smith,  of  Tuscaloosa,  renewed  the  motion,  ami  it  was 
adopted. 

Mi;,  lii;  \<;t;.  moved  to  amend  the  third  resolution  of  the  re- 
port by  inserting  in  first  lin<\  after  the  word  ••elect,''  the  words 
••  by  ballot,  without  nomination." 

Pending  the  consideration  of  Mr.  Braoo-'s proposition  to  anient!. 

Mi;.  YancF.v  sa'n!  : 

That    he    desired    to    make    a,     proposition    to     the    members 

of  the  Convention,  after  it  had  adjourned,  which  he  though* 
would  obviate  the  objection  of  the  mover  of  the  last  amend- 
ment. 

<  >!;  motion,  t\\r  Convention  then  adjourned. 


tenth  ]>ay-ja\iai;y  seyenteeth. 

The  Convention  met  pursuant  to  adjournment,  and  was  called  to 
C  by  the  President,  at  10  A.  M. 

Mr.  Brack*,  from  the  Committee  on  Imports  and  Duties,  to 
whom  was  referred  the  communication  of  His  Excellency  the 
Governor,  transmitting  to  the  Convention  a  telegraphic  dispatch 
from  Thaddeua  Sanfoni,  the  Collector  of  the  Port  at  Mobile,  to  the 
:t,  that  a  draft  dated  .January  7.  1861,  for  the  sum  of  twenty-six 
thousand  dollars,  had  been  drawn  on  hi<  office  by  the  Treasury  De- 
partment of  the  Q-overnmeul  of  the  United  States;  ami  asking  to  be 
instructed  whether  be  should  pay  the  same;  have  had  the  same 
undi  ration,  and  a.-k  leave  to  report  : 


i.'i  i  anarroai    hid  dxbatu  or 

That  it  appears  from  the  dispatch  that  the  draft  was  ilrawn  oo 
tlic  Ttli  of  Jaooary,  inat. ;  ■  date  anterior  t<>  the  passage  of  the  <  >r- 
dinaoee  withdrawing  Alabama  from  the  Federal  Union.  The 
draft  i-  in  favor  of  the  IT.  S.  N:i\ j  Agent  al  Peneacola,  and  the 
1  to  be,  to  paj  et  rtam  merchants  and  ni<  uhkniea 
in   I'  la  furnished  and  labor  performed  for  the 

i  -  and  certain  other  merchant!  in  the  city  of  Mobile 

for  supplies  furnished  by  them  t  •  Government 

In  annulling  the  office  of  Collector  at  the  Port  of  Mobile,  as  ;> 
Unit       "  office,  and  reclaiming  that  Port  as  embraced  within 

the  jurisdiction  of,  and  appertaining  to,  the  State  of  Alabama  in 
a  capacity,  the  Convention,  in  its  Ordinance  passed  U» 
;  that  object,  imposed  upon  the  Collector,  thereby  appointed 
as  an  officer  of  the  State,  the  dutj  of  retaining  in  hi-  hands,  until 
the  farther  order  of  the  Convention,  all  Mich  money  as  might  be 
in  hia  "  at  the  date  of  the  passing  of  said  Ordinance. 

Under  the  circumstances  by  which  the  ( lonvention  was  sui  round 
ed,  it  was  deemed  advisable  to  pursue  sneh  ■  course,  not  with  a 
view  of  laying  violent  hands  upon  the  funds  <>t  the  United  States 
in  the  possession  of  an  officer  of  the  United  States,  hut  -imply  as 
a  measure  of  self-protection,  and  with  the  purpose  of  facilitating 
a  fair  settlement  of  the  rations  eomplioated  questions  that  must 
necessarily  arise  in  the  fnture  between  the  Government  from  which 

she  hai  withdrawn  and  the  State  of  Alahama. 

Prom  the  date  of  this  draft,  it  will  be  .seen  that  it  was  drawn  be- 
fore the  passage  of  the  Ordinance  requiring  the  Collector  to  retain 
such  funds  in  his  hands,  a-  well  as  before  the  Ordinance  of  fleees 

-ion.       It    will  also    be    seen  that  it  was  drawn  f>r  certain  purposes 

involving  the  interests  of  third  parties,  wh  i  seem  to  be  interposed 

in  such  a-  manner  as  to  take  from  the  ea.se  the  simple  features  of 
a  question   between  (he  Government  nf  the   I  nited   States  and 

the  State    of    Alabama.      Those    parties   performed    services,    and. 

furnished  goods  and  supplies  for  the  Government  of  the  I  ruta.l 

Stat.-    previous  tO    the    withdrawal    id'   Alabama  from  the    Union 

There   was  an  obligation  imposed  on  the  Government,  of  which 

Alabama  Was  a  constituent    part,  t"  pay    for   this    labor   and    these 

supplies;   and  it  seems  to  your  Committee  that  every  principle  of 

i  faith,  and   an  honest   dt  sire  to  preserve  inviolate  the  sanctity 

of  Contract,  require   that    these    parties   .should    be    paid    their    ji»-t 

dues.  Tie'  best  way  to  secure  justice  to  ourselves  is,  to  do  juaiioa 
to  other.-.  But,  it  may  be  said,  why  not  continue  to  retain  this 
money,  and  remit  these  parties  to  the  Government  of  the  I  nited 
States,  to  be  paid  OUt  OI  other  funds  in  the  Treasury  of  the  Gov- 
ernment f      The  answer  is,  this  is  the  fund   out  of  which  such  ob- 


THE    CONVENTION    OK    ALABAMA.  135 

ligations  as  arise  at  the  points  indicated,  (Pensacola  and  Mobile,) 
are  accustomed  to  he  paid  ;  and  to  which,  no  doubt,  the  parties 
looked  when  the  supplies  were  furnished  and  the  labor  performed. 
To  send  these  parties  back  now  to  the  Government  of  the  United 
States  for  payment,  when  the  monetary  affairs  of  the  country  are 
in  such  a  condition,  that  men  of  the  amplest  means  and  largest 
credit  are  scarcely  able  to  sustain  themselves;  to  require  them  to 
rely  on  the  crippled  treasury  of  a  mere  fragmentary  Government 
for  payment;  when  the  obligation  was  incurred  when  that  Gov- 
ernment was  a  whole,  and  when  such  a  course  would  amount  to 
an  indefinite  postponement  of  payment,  seems  to  your  committee  to 
involve  the  grossest  injustice  to  those  parties,  as  well  as  a  depar- 
ture from  the  manifest  policy  that  should  govern  the  action  of  the 
Committee  in  its  relations  with  the  Government  of  the  United 
States  as  well  as  our  own  people. 

The  Committee  have  accordingly  instructed  inc  to  report  the 
following  resolution  to  the  Convention,  and  ask  its  adoption  : 

Resolved,  That  in  response  to  the  dispatch  received  from  T. 
San  lord,  Collector  of  the  Port  of  Mobile,  in  reference  to  a  U.  S. 
Treasury  draft,  bearing  date  the  7th  January,  1861,  drawn  on  his 
office  for  the  sum  of  twenty-six  thousand  dollars,  the  Governor  be 
MUthorized  to  inform  him  that  it  is  the  sense  of  this  Convention 
that  he  pay  the  same.  JOHN  ]>11AGG,  Chairmnn. 

Mr.  Jemison  offered  the  following  resolution: 

Resolved,  That  the  future  deliberations  and  action  of  this  Con- 
vention shall  te  restricted  and  confined  to  such  changes  and  mod- 
ifications of  the  organic  or  fundamental  law,  as  have  become 
necessary  by  the  present  political  status  of  our  State. 

Mu.  Clemens  moved  to  postpone  the  resolution  until  Monday 
next,  which  was  oarried 

Mr.  Ketciii  m  offered  the  following  resolution  : 

Betolv«d,  That  the  Ordinance  of  Secession  adopted  on  the  11th 
instant,  be  ordered  to  be  engrossed  on  parchment — sealed  with 
the  Great  Si  il  of  the  State — and  at  12  M.,  on  Saturday  next,  the 
l'.Uh  day  of  January,  instant,  in  the  hall  of  the  Housr  of  Repre- 
sentatives, publicly,  and  in  the  presence  of  all  the  public  authori- 
ties of  Alabama,  !><•  signed  by  the  members  of  the  Convention  who 
may  desire  to  do  so  at  that  time. 


136  III8TOKY     \N!> 

Mu.  Philips  moved  to  amend  by  adding  •  "and  that 

ih"  table  1  by  Buch  ->tli<T -  as  ma\ 

,"  which  was  a 

Mi:.  Morg  w  moved  to  amend,  by  >trik.in^r  on!  all  aft<  r  thi 
"resolved,"  and  inserting  in  lieu  then-!'  tin-  following  a-  a  sub- 

>iiluti  : 

Thai  the  Ordinance  of  '  a  the   Nth  of  Jan- 

,  L861,  b  bment  ami  laid  upon  the  table  to 

d  by  such  members  of  tl  tion  as  may  dc 

luring  or  before  tin-  final  adjournment  of  tl, 

This  substitute  was  ad<>; 


PROVISIONAL  AND  PERMANENT  GOVERNMENT. 

At  ii.  tion  of  Mr.  Y.wi.v.  the  President  now  announced 

as  the  special  order,  Tl.  of  the  Committee  of  Thirteen, 

(in  the  formation  of  a  Provisional  and  Permanent  Government  be 
i  seceding  Stal 

The  question  was  on    Mb     Bragkj's  motion  pending, 
after  tic  word  ••elect*'  in  the  first  line  of  third  resolution,  as  per 
printed  report,  the  following  words:  "by  ballot,  and  without nom 

Ml." 

Mu.  Clark.,  of  Marengo,  called  tor  a  division  of  the  qn 
n  the  proposed  amendment,  so  that  the  f  tl"'  Conven- 

tion might  be  taken  separately  on  the   two  clauses,  " by  ballot'1 
"without  nomination;"  and  the  words  "by  ballot"  wereadorJt- 
am<  ndment. 

Mu.  Braqq  withdrew  the  latter  clause,  " and  without  nomiua- 
tion." 

Mr.  Braqq  moved  to  amend,  by  inserting  in  the  Beoond  line  of 
the  first  resolution,  after  the  word  "Convention"  the  words,  "on 
tin-  fourth  daj  of  February,  at  the  city  of  Montgomery." — 
Amendment  adopted. 

Mr.  .1  i  \ii-  ,n  moved  to  strike  nut  all  after    the  words  "United 


VttE    CONVENTION    OF    ALABAMA.  137 

States,"  where  it  occurs  in  the  third  line  of  the  first  resolution: 
"and  also  to  prepare  and  consider  upon  a  plan  of  Permanent  Gov- 
ernment for  th*3  seceding  States." 

Mi!.  Whatle¥  said: 

Mr.  /'nsulntt — I  am  utterly  opposed  to  tlic  proposition  of  the 
gentleman  from  Tuscaloosa,  [Mr.  Jemison.]  I  am  unwilling 
that  it  shall  be  said  by  posterity,  that  we  had  the  power  to  tear 
down,  but  wne  unwilling  to  reconstruct  a  new  Government  upon 
the  ruins  of  the  old.  This  was  the  very  argument  used  by  our 
enemies  in  the  late  canvass.  '1  hey  said  wo  intended  to  destroy 
this  Government,  and  that  chaos  and  confusion  would  rule  in  the 
place  of  order  and  good  Government.  I  am  for  establishing  speed- 
>'///  another  Government  upon  the  basis  of  the  old  Federal  Consti- 
tution, and  to  avoid,  if  possible,  the  abuse  of  it  by  a  fanatical 
majority.  Our  people  love  their  Government — they  are  a  loyal 
rod  patriotic  people — I  am  ready  to  give  my  energies,  and  my 
feeble  ability,  to  lay  the  foundations  of  a  more  permanent  Govern- 
ment, and  that  "/  n<>  distant  dnij- 

It  is  said  that  the  Border  .States  arc  not  ready  to  participate  in 
the  establishment  of  a  new  Government  at  this  time.  That  iuav 
be  true,  but  that  is  not  our  fault:  we  will  have  the  Cotton  States 
by  the  4th  of  February,  and  with  them,  wo  can  establish  a  Gov- 
ernment great  in  resources,  and  boundless  in  territory.  Gentle- 
men say  cor  speedy  action  will  tend  to  drive  the  bonier  States 
from  us.  Not  so,  sir — our  speedy  action  will  be  an  invitation  to 
them  to  join  us  in  this  great  movement.  By  the  formation  of  a 
new  Government,  we  olier  to  the  Border  States,  who  join  vis,  a 
guaranty  of  protection  against  Northern  coercion  and  Northern 
tyranny. 

Ma.  Williamson  said  i 

.1//-.  President — I  should  very  much  regret  to  see  the  amend- 
ment proposed  by  the  gentleman  from  TuskaJ i  [Ma.  Ji  Misoal, 

adopted.  It  would,  in  effect,  be  declaring  to  the  world,  that  we 
are  n-i!  yel  prepared  to  approach  the  altar  with  our  si.-icr  Siuth- 
i  in  States,  and  unite  with  them  in  pledging  our  lives,  our  for- 
t'nies.  and  our  sacred  honor,  in  del',  ace  of  the  course  we,  but  a 
lew  days  since,  deemed  it  our  duty  to  pursue.  If  we  fail  to  pro- 
vide Honing  s  Permanent  teat  a(  the  earliest  day 
practicable,  we  shall  ha  I  m  bad  faith  to  the  people,  ana 
will  subject  ourselves  to  the  scorn  and  contempt  si  even  true 
10 


I."!"*  ill-. 

frieii'l  >>i  oar  oause      During  the  war  of  '7'i.  if  the  oohxtists  had 
an   anbrokeo  front,  the   British   Lion  would 

have  1 n  maoh  sooner  expelled — millions  the  Treasury, 

:m  1  -  Bpared  tin-  Bhedding  of  ma  i!t  of 

itraotad  war,  nut   only  with  foreign  •  it  traitors  in 

tlioir  midst. 

There  is  no  use  in  disguising  tip  uro  in  the  it 

rolution  :  thus  far  bl  it  is  true,  yet  i 

ind  palpable.     Look,  sir,  to  the  deplorable  c  mdition  ol 
financial  and  oommercia]  affairs.     I  it,  gloom  sad  des* 

pair  depicted    in   every  countenance.       Every    intelligent    man 
knows  that  our  great  staple  ought  t>>  have  advanced.     l*et  mil- 
have  already  hern  and  will  continue  to  be  lost  to  the  Smith 
by  its  depreciation,  if  we  il"  not  demonstrate  t  .  the  World  thai 

•  i  earnest,  and  intend,  regardless  of  c  ry  hazard,  and 

tremity,  to  present  an  unbroken  front  in  defend 
uur  nationality  and  rights.     This  can  only  be  done  by  establishing 

rmanent  Government     To»day  the  i pie  are  with  u>,  and 

[f  disappointed  and  left  for  an   indefinite  time, 
turrounded  by  difficulties  more  intolerable  to  an   intelligent  and 

brave  ] pie  than  war  itself,  no  "tie  can  predict  the  conscquen 

Our  present  position  is  untenable.     We  cannot  There  i-1 

no  half-way  house.     Consequently,   we  must   press   forward,  and 
my  life  upon   it,  that   in  less  khan  two  n th*-,  the  skies  will 

hten,  and  if  we  arc  not  at  peace,  we  shall  ti mi  ourselves  am- 

kblc  and  fully  prepared  to  eonqner  ■  peace 

M  k.  ■  ai'l  : 

Mr.  I .       . .,! — I  shall  support  the  j i > < >t i< >i i  nl  the  gentleman 
from  Tuscaloosa,     His  amendment  affects  only  the  appointment 
of  delegates  to  a  Convention  t<>  form  ;i  Permanent  Government* 
leaves  those  we  propose  to  select,  in  the  resolution   bel 

to  organize  and  put  into  operation  a  Provisional 
'  lovernment. 
It  is  of  pressing  necessity  that  we  shall  have  n  Provisional  Gov- 
organized  at  the  earliest  practicable  period ;  and   thai  it 
thall  be  in  the  full  exercise  of  its  functions  before  the  4th  of  March 
.  when  Mr.  Lincoln  ifexpected  to  take  control  of  the  Federal 
Administration  of  those  States  which  still  adhere  to  the  old  ov 
If  our  delegates  meet  in  the  early  part  of  February 
proposed  in  the  resolution  reported   b)    the  Commit! 
they  will  have  ample  time  to  adopt  a  plan  for  the  temporary  gov- 
ernment of  those  States,  which  shall,  by  thai  time,  have  dissolved 


THE    ('(INVENTION     OK    Al.AIlAMA.  139 

their  connection  with  the  present  United  States  Government  ;  and  to 
select  and  place  in  power  able  and  patriotic  men,.charged  with  iis 
administration;  and  bj  the  time  Mr.  Lincoln  assumes  the  control 
of  those  States  unitedunderthe  old  Government,  we  shall  haveanew 
Gfovernment  for  our  Gulf  Confederacy  in  operation — with  a  treas- 
ury and  an  army,  capable  of' protecting  ah  against  foreign  inva- 
sion, and  of  securing  domestic  tranquility. 

This  same  Convention,  it  is  true,  might  proceed  further,  and 
adopt  the  plan  of  a  Permanent  GoverninetoC,  to  be  submitted  to 
such  States  as  might  hereafter  withdraw  from  the  old  Federal 
Union,  and  ask  admission  into  the  new  one.  Bui  when  we  con 
sider  that,  at  this  time,  there  are  only  four  States  in  a  position  to 
enter  this  proposed  Convention,  I  think  a  proper  respect  to  the 
other  slave  States  demands  of  us  the  postponement  of  our  action 
in  the  formation  of  a  Permanent  Government.  I  do  not  wish  to  defer 
action  to  a  remote  day — but  to  a  day  sufficiently  far  oli'to  enable 
Georgia,  Louisiana  and  Texas — States  whose  sympathy  with  us 
has  already  been  indicated  by  their  recent  elections — to  conveinto 
our  Convention,  anil  take  part  in  the  discussions  of  those  ques- 
tions which  musl  arise  in  the  formation  ofany  system  of  Govern- 
ment; and  which,  of  necessity,  each  member  of'  the  new  Confe  l- 
eracy  must  feel  a  vital  interest  in.  But,  besides  the  States  just 
named,  we  ought  not  to  ignore  the  elaim.9"t)f  Virginia,  North  Car- 
olina, Tennessee  and  Arkansas,  which  are  moving  in  the  same  di 
rection  as  the  Gulf  States;  and  although  they  have  not  called 
( \ >nvenfions.  up  to  this  time,  I  am  not  hazarding  too  much  to  sa\  . 
they  will,  in  a  short  time,  do  sb. 

There  are  within  the  limits  of  those  States,  men  as  true  and  re- 
liable as  any  we  have  within  our  borders  ! — men  who  have  taken 
the  front  raid;  in  the  advocacy  of  immediate  secession,  and  whes  i 
influence,  we  may  confidently  expect,  will  be  all  powerful  in  plac- 
ing their  States,  in  good  time,  along  side  of.ours. 

The  States  have  a  right,  1  say,  to  be  heard  in  the  formation  of 
the  new  Government — they  must  pursue,  a  similar  policy — thej 
have  a  kindred  blood — and  above  all.  Upon  the  great  question  of 
the  day — that  involving  the  perpetuitj  of  our  domestic  institution 
of  slavery — they  are  bound  to  us  bj  every  tie  of  feeling  and  in- 
terest; shall  we  not  extend  an  invitation  to  them  to  join  us  in 
laying  the  formation  of  a  Cult  Confederacy  that  shall  embrace  ev- 
5    ■ 

Mr  YaWCKT    said  : 

Mr.  Prr.v'denf — The  people  of  South  Carolina  have  invited  tne 


1   !<•  IIIKTiiKV     AM' 

\   ihama  t..  meet  them  in  Convention  t>.  frame  Provit> 

i<»nal   i    I   P     manent  Governments  for  the  secedii      ~~  In 

th  •  pea  lutiona  accompanying  the  <  Ordinance  dissolving  the  I  i 

— the  Urdinai  9    session — this  Convention  accepted   thai  in- 

iidopting  ihe   suggestion  *  •  t "  1 1 1  *  -  Comu  Srofin 

8  ith  Carolina,  we   invited  those,  as  well   as  the  other  Southern 

9  s,  to  meet  us  in  Convention  in  th  Ll      t'Febru- 
1801,  for  the  purpose  of  framing  Provisional  and  Permanent 

immbn  future  peace  >m.l  security. 
'I'd,-  object  of  the  report  and  resolutions  now  under  consideration, 
i-.  simpl)  to  carry  intti  effect  the  d<  -i_rn  (hen  and  thus  announced; 
ami  therefore,  ii'>  delegate  who  voted  for  the  '  Ordinance  '""I  Reso- 
lutions attached  can  consistently  vote  against  the  report. 

..•imI  objections  have  beeti  urged  against  thi  report,  which  1 
propose  brieflj  to  consider.  One  is,  th.it  by  the  report  deputies 
t"  thai  Southern  Convention  are  t>»  be  elected  by  this  body,  anal 
not  by  the  people;  and  also  thai  do  provision  is  made  fur  tlie 
election  of  another  Convention  to  consider  the  plan  fi*r  the  I'  : 
man' m  Government  to  be  submitted  for  ratification.  The  points 
correctly  stated,   bm  constitute  no  objection  with  me.     The 

le  have  had  tins  questiou  of  secession  before  them  for  a  long 
time,  and  have  maturely  considered  it  in  iwo  late  elections,  name 
I  v  :  those  for  Electors  of  President,  and  for  delegates  to  thin  i>"<ly. 

issue  was  as  distinctly  made  in  one  as  in  the  other,  and  in 
both  they  decided  the  issue  in  favor  "i  secession, 
They   have  intrusted  their  delegates  with  Unlimited  power — ■ 

i  t  .  "consider,  determine,  :tti< I  <l<>  whatever,  in  the  opinion 
of  t  lii>  Convention,  the  rights,  interests  and  honor  of  the  State  of 
Alabama  require  to  be  done  for  their  protection."  The  laws 
that  authorized  the  el<  titained  thin  enumeration  of  am- 

ple  authority,  and   the  people  endorsed  it.     We  have   been 
lec.ted  for  our  supposed  wisdom,  experience  in  public  affairs,  integ- 
rity and  courage  to  take  all  proper  responsibility  in  the  pre m 
In  my  opinion,  the  seven  States  that  will  be  out  of  the  Union  by 
the  4th  "t'  February,  \\  ill  need  s  common  <  lovernmenl  in  order  to 
meet    a   common  enemy,  as  soon  as  one  can  be  organized. — 
It   is  plain    that,  with  divided  councils,  and  divided    resout 
an. I  divided  action,  these  States  cannot  contend  against  the  unit- 
ed power  of  the   Northern  Btates,  as  well  as  if  they  mel  their 
enemy   with  the  strength  and  wisdom  of  union,  in  council  and  ac- 
tion     Hostilities  slready  e*isl  between  the  seceding  States  and 
the  Federal  Union.     Coercion  is  the  policy  at  Washington.     To 
postpone  the  meeting  of  the  Southern  Convention  until  we  could 
submit  the  election  <>!'  deputies  to  the  people,  would  postpone  its 


THE  CONVENTION  OF  ALABAMA.  141 

meeting  till  the  4th  of  March;  and  that,  in  my  opinion,  would  be 
hazardous  to  the  last  degree.  Such  an  aot  would  be  suicidal — one 
to  In-  looked  for,  perhaps,  from  :i  friend  of  reconstruction  of  the 
Union,  l»ut  not  from  a  friend  of  a  Southern  Confederacy. 

But,  it  is  said,  why  not  call  another  ( 'on vent  ion  1o  ratify  (lie  Per- 
manent Government  to  he  adopted  1  I  answer,  because  it  is  un- 
necessary. A  Permanent  Government  for  a  Southern  Confeder- 
acy was  looked  for  hy  the  friends  of  secession — was  spoken  of  and 
entered  into  all  the  discussions  in  the  late  canvass.  It  was  a  part 
Of  the  plan  of  secession,  and  when  the  people  decided  for  secession, 

they  decided  for1  a  Southern  Confederacy.  Therefore,  on  that  point 
we  already  know  the  views  of  the  people,  and  no  new  expression 
of  opinion  is  needed.  Neither  is  such  expression  needed  as  to  the 
character  of  the  Permanent  Government.  That  character  the  peo- 
ple have  indicated,  and  it  is  expressed  in  the  report-r-it  must  be  a 
government  as  nearly  similar  as  possible  to  the  Federal  Constitu- 
tion. We  need  no  discussion  before  the  people,  nor  other  expres- 
sion of  their  views  on  that  point.  Besides  these  views,  in  them- 
selves conclusive  to  any  mind,  no  statesman  would 'willingly  throw 
such  grave  issues  before  the  people  alter  once  receiving  their  de- 
cision, until  the  irritations  and  prejudices  and  passions  of  the  pre- 
vious contest  had  cooled.  It  is  eminently  wise,  before  throwing 
on  upon  the  people  the  responsibilities  which  attach  to  us.  to  con- 
sider the  condition  of  the  public  mind.  Gentlemen  here  have 
told  us  of  an  excited  and  unhealthy  state  of  public  feeling  in  som  i 
"ns  of  the  Stale,  and  asked  tinie  for  reflection,  in  order  to  its; 
correction.  Who  is  not  aware  that  it  was  a  graft!  misfortune  that, 
the  (lection  for  delegates  to  this  body  came  off  so  soon  after  the 
heated  Presidential  contest  '  Who  is  not  aware  that  m  one  sec- 
tion of  the  State  the  angry  passions  and  prejudices  of  thai  contest 
entered  very  largely  and  almost  exclusively  in  that  section  into 
the.  election  for  delegates  .'  And  is  it  wise,  is  it  not  eminently  un- 
.  to  throw  this  whole  question  again  before  such  a  people,  to 
blow  off  the  ashes  and  revive  once  agajn  the  glowing  embers  of 
that   hitter  st liti-? 

another  reason  why  I  oppose  the  election  of  another 
Convention.  Such  a  proposition  has  a  tendency  tx>  reopen  the  ques- 
tion of  sea  ssion,  by  bringing  up  tin'  issue  of  a  reconstruction  oi 
the  federal  Government.  It  allows  such  an  issue  to  be  made — it 
invites  it,  in  fact.  And  under  what  circumstances  1  From  the 
signs  of  the  times,  it  would  seem  that  coercive  measures  were  i"  he 

adopt  I'd.      lis,,,  about  tlir  time  of  SUGfl  am 'lection,  the  people  will 

1m-  bearing  the  burthens  of  such  a  contest.     Commercial  and  agri 

cultural  interests    will  he  suffering.      Debts  will    he  hard  to    paw 


1  IJ  iii-i  i'HV     ^Mi    DKBA1  E0    01 

Provisions  will  1"  Perhaps  death  al  the  hands  of  the  en* 

« - 1 1 1 _x  will  have  come  to  the  d voi  many  families.     Men's  minds, 

ilniv  surrounded  and  affected  by  strong  personal  and  selfish  con- 
ations, will  ii<>t  he  in  tli.it  calm  and  well  balanced  condition, 
which  is  favorable  to  a  correct  and  patriotic  judgment  of  the  ques- 
'1'Ik ■  \  erj  state  <>l"  things  \\  ill  perhaps  exist,  \\  bich  our  Black 
Republican  enemies  predict  will  exist,  and  which  thc>  snecringly 
nl\  upon  to  tbrce  our  people  t"  ask  for  rcadmission  into  tin- 
Union,  shall  we,  the  selected  friends  and  deputies  of  the  people, 
aid  these  \\  ily  and  malignant  en<  niies  of  i  >ur  State  b>  la\  ing  this 
whole  question,  as  it  culminates  in  it-  progress,  on  the  ver) 
i  if  final  triumph,  back  to  the  consideration  of  a  people  thus  sur- 
rounded and  influenced  03  1 1  m  >^-t  impropitious  circumstanoes  1  To 
ilo  bo  might  well  accord  with  th<-  purposes  of  a  friend  of  the  Fed- 
eral Government,  but  in  my  opinion  is  u  policj  which  everj  true 
friend  of  the  people  should  condemn. 

Mr.  President,  I  avowmyselfaa utterly, unalterably  I  t«. 

auy  and  all  plans  of  reconstructing  a  union  with  the  Black  Repub- 
lican Statesofthe  North.  Ndnew  guaranties —no  amendments 
of  the  '  '<  Hist  it  ut  ion- — no  peaceful  resolution — no  repeal  of  offensive 
laws  can  afford  any,  the  least,  Inducement  to  consider  even 
a  proposition  to  reconstruct  our  relations  with  the  non-slave- 
holding  States.  This  opinion  is  not  founded  on  any  objection  t"  a 
confederation  with  States,  North  of  Mason  &  Dixon's  line,  "it 
principles  mutually  agreeable  to  them;  but  it  is  founded  on  the 
conviction  that  6he  disease,  which  preys  en  the  vital-  of  the 
Federal  Union,  does  not  emanate  firotn  any  defect  in  the  Fed- 
eral Constitution — but  from  a  deeper  source— the  hearts,  heads 
and  consciences  of  th'e  Northern  people.  They  are  educated  to 
believe  slaven  to  be  n  religious  as  well  ^  a  political  wrong,  and 
consequently,  t<>  hate  the  slaveholder.  Mr.  Seward  was  liirlit. 
when  he  declared  thai  there  was  N an  irrepressible  conflict,"  which 
would  not  cease  until  s!a\  ery  was  exterminated.  But,  sir,  the  e\& 
inputs  of  that  conflict  are  not  t"  be  found  in  the  Constitution,  but 
between  the  Northern  arid  Southern  people.  No  guaranties — ho 
amendments  of  the  Constitution—  no  compromises  patch  1  d  up  to 
secure  to  the  North  the  I"  n<  Jits  of  Union  _\«'t  a  little  longer,  can 
reeducate  that  people  on  the  slaver}  issue,  so  as  to  induce  them, 
l;  the  majority  .  to  withhold  the  exercise  of  its  power  in  aid  of 
that  "irrepressible  conflict."  To  accept  "i  such  reconstruction 
would,  in  m\  opinion,  be  but  salving  over  the  irritated  surface  <>t' 
the  deep-rooted  cancer,  which  has  been  eating  into  the  vitals  of  the 
I  nil.:;,  affecting  perhaps  an  apparent,  a  deceitful  cure,  while  still 
the  loathsonu  and  incurable  disease  keeps  on  its  fatal  progress, 


THE  CONVENTION  OF  ALABAMA.  143 

and  daily  weakens  the  body  politic,  until  iinally  it  breaks  forth 
Again  with  renewed,  becaused  temporarily  repressed,  vigor-and  the 
victim  sinks  in  death. 

One  other  objection  lias  been  raised  by  my  ftiendfrom  Clarke, 
[Mr.  .Icwett.]  which  would  seem  to  be  fundamental  in  its  nature: 
and  that  is.  that  by  the  fourth  oi'  February,  but  five  States  will 
naeel  on  that  dav.  and  lie  cannot,  consent  that  five  States  should 
make  a  government  for  fifteen ;  for,  in  his  opinion,  all  the  South- 
em  States  will  secede  by  the  fourth  of  March  ;  and  when  they  do 
so.  if  this  report  is  adopted,  ten  of  them  will  find  a  Provisional 
and  perhaps.  Permanent  Government  in  operation,  which  they 
had  no  voice  in  making.  If  the  Seceding  States  had  the  com- 
mand of  events;  if  time  was  to  them,  at  this  juncture,  a  matti 
but  little  moment;  if  circumstances  did  nol  demand  extraordinary 
prompitude  and  action,  in  order  to  give  unity,  strength  and  effect 

to  the  movements  of  defence  on  the  part  of  the.  Seceding  States. 
I  concede  that  the  proposition  of  my  friend  from  Clarke,  would  at 
command  universal  assent  But  such  is  not  the  case.  War 
is  already  commenced  on  South  Carolina.  The  same  hostile 
movements  have  been  made  upon  Florida.  We  daily  hear  of 
preparations  for  military  coercion.  The  Federal  Government 
ns  to  be  under  control  of  a  military  chieftain.  Prompt  ac- 
tion in  establishing  some  common  Government  is  imperiously  de- 
manded. 

The  resolutions,  as  they  are   now   presented,  it  seems   to   me. 
obviate  the  chief  force  of  the  objection  of  my  friend  from  Clarke 

in  this;  thai  the  resolutions  indicate  the  character  of  both  the  Pro- 
visional and  Permanent  Government  to  be  formed.  They  are 
both  to  be  formed  on  the  principles  of  the  Federal  Constitution. 
This  Constitution  i-  well  known  to  all  the  Southern  people.  It  is 
red  by  them.  There  has  been  no  desire  to  oppose  or  to  al 
it.  •  hi  the  contrary,  such  a  policy  has  always  met  with  pub- 
lic disfavor.  The  interpretation  of  that  instrument  has  been  gen- 
erally Uniform  at   the  South,  ever    since    llie    passage    Of   the  I 

brated  Virginia  Resolutions  of  179S.     That,  Constitution  has  I 
uniformly  held  up    by  the  South,  as  its  great  shield  and  buckler 
against  Northern  aggression.     The  South   is  content  with  it  now 
— will  be  content  with  it  hereafter. 

If  all  the  Southern  Stat-  s  were  in  convention,  who  doubts    that 

would  unanimously  frame  the  government  for. a  Southern 
"  d< -rac\    upon  the  principles  of  the    Federal  Constitution's 

None  of  ns  doubt  it  :  and  it'  the  five  or  seven  States  that  may 
ruble  in  Convention  on  4th  of  February  next,  do   proceed  at 

once  to  frame  a  Provisional  Government  upon  the   basis  of  thai 


Ill  iU'.iouy    and    DKSATXI   0» 

Constitution,  and  afterwards  frame  a  Permanent  Government  up- 
on the  like  principles,  who  doubts  that  every  seceding  State,  as  it 
retires  Prom  the  Federal  I  nion,  will  at  once  ask  admission  into 
he  Southern  Confederacy  i  For  one,  I  do  not  doubt  One  great 
and  prime  obstacle  to  the  earlier  movemei  tsof  the  1m.i-.Km-  Si 
vor  of  secession  has  been  a  wide  spread  belief  that  the  Gulf 
-  designed  in  seceding,  to  establish  a  Government,  differing 
essentially  from  the  Federal  Constitution;  and  especially  that  the 
African  Slave  Trade  would  be  reopened.  I  have  received  many 
letters  from  distinguished  gentlcm.cn  in  various  parts  of  Ken- 
tucky, Virginia,  North  Carolina  and  Tennessee,  upon  that  very 
point,  informing  me  that,  were  it  not  for  the  fear  of  the  new  Con 
tederacy  reopening  the  African  Slave  Trade,  there  would  be  a 
much  Btronger  and  more  general  movement  in  those  States  in  fa- 
vor of  dissolution. 

Those  resolutions  quiet  such  tears.  The  action  upon  them  by 
the  Southern  Congress,  instead  of  being  an  obstacle  in  the  was 
of  other  States  joining  the  Southern  Confederacy,  will  be  hailed 
by  them  with  delight-— will  be  considered  by  them  a-  wise— '-and 
will  command  their  respeel  and  admiration,  as  much  as  the  pres- 

cnt  Union  commanded  that  of  Texas,  when  she  asked  admission 
into  the  Union,  although  having  had  no  voice  in  framing  the  Con* 
stitution.  A  Southern  Confederacy,  with  the  Federal  Constitu> 
tion  slightly  altered  to  suit  an  entire   slaveholding  community, 

will  be  an  invitation  to  Soiithen  States,  yet  in  the  Union, to  leave 

it  and  seek  for  peace  and  security  and  liberty  within  a  Union. 
having  no  enemies — no  irrepressible  con  diets- — and  being  a  confed- 
eracy of  slaveholding  States,  under  the  Constitution  lave, 
holding  sires. 

I  now  ask  that  the  vote  may  he  taken  upon  the  resolutions. 

Mi;.   J  i:\vi-  i  r  said  : 

Mr.  I'rc>i'>ihiit—\  do  not  wish  to  be  misrepresented,  and  I  do 
not  intend  to  be  misunderstood  in  m\  position  upon  the  question 
under  debate.  The  gentleman  from  Montgomery  intimates  that 
[  have  receded  from  my  position  as  an  advocate  of  immediate 
lecession,  and  that  my  course  to-day,  is  not  consistent  with  raj 
vote  upon  the  Ordinance  of  Secession.  1  deny  it.  1  stand  to-day 
jrbere  I  stood  on  the  1  tth  January,  ami  where  I  have  ever  stood, 

$&  home,  in  my  own  county,  in  the  recent  canvass.  I  maintain- 
ed  our  right  and  our  dut  \   to  secede  from  the    Union,    even    if  wc 

iiad  to  take  thai  step  alone.     In  my  vote  on  the  Ordinance  of  Se- 
','>n.  I  earned  out  my  opinions  by  action,  and  gave  to  the  world) 


THE  CONVENTION  OF  ALABAMA.  145 

the  only  assurance  in  my  power,  that  I  was  not  disposed  to  tol- 
erate hesitation  or  delay  upon  the  greal  question  of  withdrawing 
Alabama  from  a  Federal  union  with  non-slaveholding  States. 

The  gentleman  says  the  time  at  which  we  were  to  form  this  Pro- 
visional Government  was  indicated  in  the  Ordinance  of  Secession; 
and  that  those  who  voted  for  that  Ordinance  arc  estopped  from 
saying  that  any  other  day  is  suitable  or  proper  for  the  meeting  of 
that  Convention,  of  seceding  States. 

It  is  true  that  a  resolution  was  reported  by  the  Committee  oi 
Thirteen,  and  attached  to  the  Ordinance  of  Secession,  designating 
a  day  upon  which  wc  were  wiling  to  meet  the  other  seceding 
States  in  ('.invention.  1  Jut  what  States  did  we  design  to  meet  in 
Convention,  and  for  what  purpose  did  we  desire  to  meet  them  ? 

The  resolution  adopted  by  us  was  in  response  to  the  invitation 
extended  by  South  Carolina.  Now,  what  was  that  invitation  F  It 
was  in  the  following  words:. 

"  R&wlvt >/,  Third,  That  the  said  Commissioners  be  authorized 
to  invite  the  seceding  States  to  meet  in  Convention,  at  such  time 
aud  place  as  may  be  agreed  upon,  for  the  purpose  of  forming  and 
putting  in  motion  such  Provisional  Government,  and  so  that  the 
said  Provisional  Government  shall  be  organized  and  go  into  effect 
at  the  earliest  period  previous  to  the  4th  day  of  March,  1861.  and 
that  the  same  Convention  of  seceding  States  shall  proceed  forth- 
with to  consider  and  propose  a  Constitution  and  plan  for  a  Perman- 
ent Government  for  such  States;  which  proposed  plan  shall  bo 
referred  back  to  the  several  State  Conventions  for  their  adoption 
or  rejection." 

In  our  acceptance  of  this  invitation,  we  designate  such  States 
as  we  propose  to  meet  in  Convention,  and  embrace  therein  every 
one  of  the  fifteen  slaveholding  States. 

With  what  show  of  consistency  can  we  ask  fifteen  States  to 
meet  us  in  Convention,  when  it  is  perfectly  apparent  that  we  have 
fixed  a  day  tor  their  assemblage,  so  early,  that  not  more  than  four 
or  five  of  them  can  be  represented  in  it? 

I  am  satisfied  that  the  spirit  and  meaning  of  our  resolution  are 
fully  mi  t  when  we  accept  their  invitation  to  join  in  the  formation 
of  a  Provisional  ( Jovernment,  on  the  4th  day  oi'  February  next. 
And  upon  examination  of  the  report  "from  the  Committee  on 
Relations  with  the  Slaveholding  States,  providing  for  Commission- 
ers to  such  Slates,"  presented  to  our  Convention  by  the  Commis- 
sioner from  South  Carolina,  1  am  confirmed  in  my  opinion.  In 
that  respect,  the  Committee  say  (referring  to  certain  modifications 
proposed   in   the  plan  suggested  for  a  Provisional  Government,) 


I4»>  HISTORY    AND    DEBATES    OF 

"  yet  these  modifications  may  be  safely  left  to  a  period  when  the  ar- 
ticles of  a  Permanent  Government  may  be  settled,  and  that,  m>  :m- 
time,  the  Constitution  referred  to  will  serve  the  purpose  of  a  tem- 
porary Confederation,  which  the  Committee  unite  in  believing 
ought  to  be  sought,  through  all  proper  measure  trnestly." 

That  I  did  not  desire  or  insist  OD  any  unnecessary  delay,  in  the 
formation  of  the  plan  of  a  Permanent  Government,  will  b  Bhowu 
by  a  resolution  I  proposed  to  offer,  at  the  proper  time,  in  case  the 
Convention  sustained  the  motion  to  amend,  offered  by  the  gentle- 
man from  Tuscaloosa.  That  resolution  I  now  have,  and  1  propose 
to  read  it,  to  show  what  1  contemplated  doing  upon  this  subject. 
It  reads  as  follows: 

••  Retoloedf  That  this  Convention  hereby  extend-,  to  such  slave- 
holding  States  as  have  already  withdrawn  from  the  Union,  and 
also  to  such  other  Blaveholding  States  as,  by  the  25th  day  of  Feb- 
ruary, 1861,  shall  have  withdrawn  therefrom,  its  invitation  to 
meet  Alabama  in  Convention,  on  the  4th  day  of  March,  L861,  at 
Montgomery,  Alabama,  to  propose  a  plan  for  a  Permanent  Govern- 
ment of  such  seceding  States;  which  plau  of  Government,  when 
so  formed,  shall  be  submitted  to  each  State  respectively,  for  its 
ratification  or  rejection." 

I  am  not  desirous  now  of  postponing  the  meeting  of  that  Con- 
vention beyond  a  day  when  we  can  meet  the  representatives  of 
such  States  as  have  already  called  Conventions,  or  which,  before 
the  4th  of  .March  next,  may  call  them,  in  a  Federal  Congress  of 
Slaveholding  States;  and  1  will  even  go  so  far  as  t«>  Bay,  that  I  do 
not  desire  to  make  choice  of  new  delegates,  but  am  willing  that 
the  same  delegates  whom  we  elect  to  frame  our  Provisional  Gov- 
ernment, may  proceed,  after  performing  that  labor,  to  the  con- 
sideration of  a  plan  for  the  Permanent  Government.  Put  1  desire 
them  to  extend  invitations  to  all  States  which  may  have  seceded, 
within  a  reasonable  time,  to  be  specified  even  by  them,  to  whose 
discretion  1  am  willing  to  leave  the  matter,  and  that  they  shall  ad- 
journ over  to  a  subsequent  day,  to  meet  all  such  representatives  as 
shall  then  present  themselves  from  m  ceding  slaveholding  States, 
for  the  purpose  of  forming  a  permanent  and  lasting  Government. 
1  have  no  doubt  representatives  will  be  found  there  from  Virginia, 
and  from  the  other  border  States,  and  that  we  shall  have  a  united 
Sooth,  ready  to  join  in  every  measure  calculated  to  advance  the 
interests  and  promote  the  happiness  and  glory  of  the  slaveholding 
States. 

Mr.  POTTER  offered  the  following  as  the  substitute  for  the  amend- 
ment of  Mr.  Jemison,  and  to  take  the  place  of  the  first  resolution 
reported : 


THE  CONVENTION  OF  ALABAMA,  147 

Resoloed,  That  the  Convention  cordially  approves  of  the  sug- 
gestion of  the  Convention  of  the  people  of  South  Carolina,  to 
meet  them  in  Convention  to  frame  a  Provisional  Government, 
upon  the  principles  of  the  Constitution  of  the  United  States  ;  and 
also,  to  prepare  a  plan  for  t lie  creation  and  establishment  of  a 
Permanent  Government  for  the  seceding  States,  upon  the  same 
principles;  which  plan  shall  be  submitted  to  the  Conventions  of 
such  States,  fur  adoption  or  rejection. 

Mr.  JEMISON  arose  to  a  point  of  order  ;  that  the  substitute  was 
not  in  order.     Overruled. 

Mr.  PoirfiB  asked  leave  to  withdraw  his  substitute.  Not  granted. 

The  question  being  on  substituting  the  amendment  of  Mr.  Pot- 
ter, for  the  amendment  of  Mr.  Jemison,  to  take  the  place  of  the 
first  resolution,  it.  was  carried  without  a  dissenting  voice. 

Mr.  Y  \n<  kv  moved  to  amend,  by  inserting,  in  the  substitute, 
after  the  word  "  Convention,"  in  the  third  line,  the  words  u  on 
the   4th   day   of  February,   ISGl,  in    the  city   of  Montgomery.'' 

Adopted. 

Mr.  J  KMISON  offered  the  following  amendment  to  the  substitute 
•■  11  it  further  Rtsoloet^  That  the  plan  for  a  Permanent  Gov- 
ernment proposed  by  the  Conventions  of  the  seceding  States,  shall 
be  submitted  for  ratification  or  rejection  to  the  Legislatures  of  the 
several  States,  or  to  Conventions  hereafter  to  be  elected  by  the 
people  of  the  several  States,  as  may  be  proposed  by  the  Conven- 
tion of  seceding  States."      This  was,  by  leave,  withdrawn. 

Mr.  Dargan  moved  the  following  amendment  to  be  added  to  the 
substitute,  which  now  stands  for  the  first  resolution: 

"  And  no  Provisional  Government  that  may  be  formed  shall  be 
inconsistent  with  the  Constitution  of  the  State  of  Alabama.'* 
Lost. 

Mr.  BULQKR  offered  the  following,  to  be  added  to  the  last  reso- 
lution, by  waj  of  amendment: 

"The   members   ol   which  shall  be  elected  by  the  people." 
On  a  motion  to  lay  it  on  the  table,  the  ayes  and  noes  wire   called. 

Those  who  voted  in  the  affirmative  were  Messrs,  President, 
Bailey,   Baker    of   Barbour,    Barnes,    Beck,   Blue,  Boiling,    Cut- 


1   16  BTSTOBY     AND     DKIt.VTES    OK 

terli  i  '    ehran,  » tab  man,  Cre<  oh,  t  !i 

.    ;  I  ton,  Dowdol 

Q-ibbons,  Gilchrist,  Hawkins,  Henderson  of  Mnc<  n,  ll<  udi  rson  <>t 

Pike,  [Inward,   Humphries,  Jewett,  Ketchum,  Lore,   McClaBoa- 

han.  MePherson,  McKinno,  Morgan,  Owens,  Rives,  Ry an,  Short* 

.  Silver,  Smith  of  Henry,  St.uk.  \V<  bb,  What- 

i.  Winston,  Yanoey,  JTerverton.—  i'.' 

who  voted  in  the  negative  wet  Mien,  Rarolay, 

her,   Bulger,  Clarke  of  Lawrence,  Coman,  Crawford,  C\ 

pier,  Davis  of  Madison,  Edwards,  Ford,  franklin,  Guttery,  Hood, 
r,  Jemisoo,  Jones  of  Fayette,  Jones  of  Lauderdale,  Johnson, 

Kimball,  Leonard, Lewis,  MoClellan,  Posey,  Potter,  Russell,  Sand- 

f*«ir<l.  Sheets,  Sheffield,  Slaughter,  Smith  of  Tus  S  ted  ham. 

a,  Taylor,  Timberlake,  Watk-ins,  Wbitlock,   Wilson,  Wood 

— 30. 

•   m  1"  iog  upon  theadoptioo  of  the  reporl  and  amend- 
ment, t 

Mr.  Watt*  offered  the  following  amendment,  to  be  added  to  the 
ition  : 

.1  that  the  delegates  shall  be  elected  separately,  and  eaoh 
its  shall  receive  a  majority  of  the  members  voting/' 

And  the  report  :m<i  reaolutlonj  were  adopted.      \nl  the  Coo- 
mention  adjourned. 


ELETBNTH  I'W  JANUARY  EIGHTEENTH. 

\    Message  was  received  from  the  Governor,  by  his  private 
Secretary,  Mr.  Phelan,  communicating  certain  resolutions  adopt- 
ed  by  the   Mow-York    Legislature,  which  the  Governor  of  said 
Stat.-   bod   lent  to  him,  entitled  "Concurrent  Resolutions,  tend- 
:  aid  to  the   President  of  the   United  States  in  support   of 
Constitution  and"  the  Unionf"     [See  Appendix.] 

Objection  was  made  to  the  reading  of  the  Resolutions,  and 

Mr.  Yakcby   raised  the  question  of  reception,  and   moved  to 

\.\\  that  on  the  table,  which  was  done. 

\  ■    iuiiiuiiicatioii  was  also  received  from  the  Governor,  trans- 
mitting the  report  of  Hon.  EL  C.  Bullock,  Commissioner  to  the 

ol   Florida,  whioh  was  temporarily  laid  on  the  table.     [S 
Appendix  for  all  reports  of  Commissioners.] 


TIIK    CONVKNTION    OF    ALABAMA.  [48 

At  12  o'clock.  M.,  the  President  announced  that  the  hour  to 
go  into  the  election  of  Deputies  to  the  Convention  of  Seceding 
States,  to  assemble  .-it,  Montgomery,  Alabama,  on  the  fourth  daj 
of  February,  1861,  had  arrived. 

Mb.  Jemison  moved  to  postpone  the  election  until  to-morrow 
at  13  o'.-lock.  M ..  which  the  ( !hairman  (Mr.  Smith,  of  Tuscaloosa, 
in  the  Chair,)  decided  to  he  out  of  order. 

Mr.  Jamison  appealed  from  the  decision  of  the  ('hair,  and  the 
Chair  was  sustained. 

Mr.  Earnest  asked  leave  to  offer  a  resolution  as  a  distinct 
proposition,  as  follow  a  : 

'■'<-/.  Thai  no  member  of  this  Convention,  or  of  the  pres- 
ent Legislature,  shall  be  eligible  to  election  on  a  seat  in  the 
Southern  Congress  provided  for  by  the  Ordinance  adopted  by 
this  Con\  eiition. 

Ill  •  question  of  order  Was  raised. 

Th    Chair  (Mr.  Smith,  of  Tuscaloosa,  presiding)  decided  that 

the  Resolution  was  in  order. 

Mi;.  Yancey  appealed  from  the  decision  of  ']„■  Chair, 

The  Chair  slated,  that  (he    Resolution  would  not   be  in  order 
under   Parliamentary   usage;  but  that  there  had  been  an  agree- 
ment  in  the  Convention    last  night,  when   the  vote  was  about  to 
be  take,,  on  the  Resolutions  providing  fortius  election,  that  this 
dution  should  be  considered,  if  the  gentleman  from  Jefferson 
red    to   press   it,      On    this    account,  the    ('hair   rules  that  the 
lulion  is  in  order. 

1  p"ii   a    vote    taken   on    Mr.   Yancey's    appeal,  the   Chair  was 

Med. 

Mi;.  Phillips  moved  to  h,\  the  Resolution  on  the  table,  which 

was  lust     -a\  es  -1  I.  noes  .V>. 

us.  the  President,  (Mr.  Smith,  of  T«  In  the 

loved  to  amend  by  sii  iking  out  "  eligible  to  election  ■ 
and  insert  -shall   be  elected   by  tins  Convention  to."  which  »ras 
I  bj    M  r.  Earnest. 


150  s   or 

Mi;.  ■ 

Thai  it  had   been  a  role  with  him,  through  the  wlwli 
,  1  legislative  life — ;i  period  of  near  thirtj 
any  circumstances,  t"  v..;,-  for  a  member  of  tin 
slature   for  an)    office  created  by  thai   Legislature.     Il> 
red  i"  this   rule  rigidly,  and   often  al   the 
personal  feeling;  for,  on  man}  occasions,  ho  had  reluctantly   tx 
compelled  to  vote  again!  I  friends. 

There  is  a   law  on  our  Statute   Book  which   positively  forbid* 
tion  of  a  member  of  the   Legislature  to  any  ofti< 
the  body  during  the  time  for  which  he  may  have  been  elect 
ud.     It  is  true,  that  thai  law  does  not  apph  to  this  eas  >,  as  a  ! 
•.  it  is  a  principle,  and  he  must  adhere  to  it. 
If  there  was  tsion  that    would  authorize  a  departure 

!  this  rule  of  action,  it  would  be  this;  for  there  were  man} 
gentlemen  here  whom  1  would  be  glad  to  see  elected  to  this  |><. 
■:—  ua\ '.  sir.  to  otherand  more  pfomincnl  positions.  He  might 
be  permitted  to  refer  to  one  who  is  at  the  head  of  the  Militan 
Committee,  whose  name  has  been  mentioned  in  connection  with 
a  high  military  appointment*  There  were  many  others  in  our 
midst  who  stand  no  less  deservedly  high  in  the  public  estimation 
for  their  abilities  and  patriotism,  I  [enee,  continued  Mr.  J.,  tie 
I  shall  adhere  to  my  rule,  1  eonfi  ssthat  this  is  an  occasion,  it  any. 
•  1 1 i < •  1 1  mighl  authorize  a  departure  from  that  rule. 

Mb,  Clsmens  said  : 

Mr.  President — 1  do  not  consider  the  udoptiou  of  this  resolu* 
is  matter  of  the  slightest  importance  in  reference  to  offices 
which  are  to  I  e  tilled  by  the  Convention  itself,  since  it  is  plain 
that  the  same  majority  \'.  ho  have  power  to  adopt  the  resolution, 
have  the  power  to  defeat  an}  candidate  who  may  be  placed  in 
ination,  [should  not,  therefore,  have  participated  at  all  in 
the  debate,  if  direct  allusion  had  not  been  made  tome  b}  the 
gentleman  from  Tuscaloosa  [Mr.  Jemison.]  The  terms  of  thr 
allusion  were  complimentary,  it  is  true. and  for  that  1  thank  him: 
but  still,  it  was  so  made  as  to  demand,  some  repl}  , 

I  do  not   agree  that  there  is  an}    propriety  in  excluding  our- 
selves from  office*  which  are  to  be  tilled  outside  of  the  Conven- 
tion, and    b)    a    power  over  which   we   have   no  control.     There 
I"-  some  reason  for  excluding  ourselves  from  offices  to  which 
we  retain  the  power  of  election ;  but  when  we  have  surrendered 
power  to  other  hand?,  the*  reason  is  removed,  and   tho  dis» 


THE    CONVENTION    OF    ALABAMA.  151 

franchisement  becomes  an  art  of  simple  and  unadulterated  tyr- 
ranny.  The  military  appointments  referred  to  by  the  gentleman 
from  Tuscaloosa,  are  vested  in  the  Grovernor.  The  Military 
Committee  have  voluntarily  deprived  themselves  of  all  voice  in 
their  selection,  and  I  think  l  have  a  right  to  saj  for  thai  Com- 
mittee, that  they  have  nol  been  swayed  one  hair's  breadth  in 
their  action  by  any  consideration  hut  the  public  good.  I  do  not 
believe  that  a  single  member  of  it  lias  had  any  consultation  with 
the  Governor,  as  to  the  individuals  who  should  be  appointed  ; 
no  one  has  made  a  suggestion  to.  or  received  an  intimation  from, 
him  on  the  subject.  Looking  alone  to  tin-  efficiency  of  our 
military  organization,  we  vested  the  appointment  of  the  officers 
in  him.  hoping  that  the  discretion  thus  given  him  would  be  exer- 
cised wisely,  and  intettdiUg  that  it  should  not  be  obstructed  b\ 
importunities  on  our  part. 

\^  to  the  appointment  for  Major-General,  I  musi.  be  allowed 
say  that  no  man  is  (it  for  the  offiee  who  stoops  to  seek  it.  It 
is  one  of  grave  responsibility,  surrounded  by  innumerable  diffi- 
culties; and  it  will  be  a  fatal  mistake  to  confer  it  upon  any  man 
from  personal  or  partisan  motives.  No  one  should  be  selected 
whose  qualifications,  apart  from  the  recommendation  of  friends, 
do  not  point  him  out  unmistakably  as  the  man  for  the  place  and 
for  the  times. 

The  gentleman  from  Tuscaloosa  has  alluded  to  me  in  connec- 
tion with  this  office.  Sir,  1  have  intimated  to  no  one  any  desire 
to  till  it.  I  know  too  much  of  its  responsibilities  and  its  difficul- 
ties, and  though  I  have  been  accustomed  to  take  the  one  and 
encounter  the  other,  these  are  of  a  nature  which  I  could  only  bo 
induced  to  shoulder  by  controlling  considerations  of  public  duty. 
In  the.  trying  times  which  are  before  us,  1  know  that  my  place 
will  be  in  the  field;  and  I  know,  too,  that  there  I  shall  have  a 
position  commensurate  with  any  military  abilities  I  ma\  possess; 
no  matter  what  ordinances  you  may  pass.  I  have  no  fears  of 
being  overlooked — no  apprehensions  that  my  services  will  be 
dispensed  with;  but  the  passage  of  this  resolution  may  cripple 
other  respects,  and.  therefore,  I  shall  vote  against  it. 

Mi:.  Siom;  said  : 

Mr.  Pretident — I  cannot  permil  the  vote  to  be  taken  upon  the 
Resolution  of  the  gentleman  from  Jefferson,  without  rising  to 
protesl  againsl  its  adoption.  Sir.  that  Resolution,  it"  adopted. 
will  deprive  the  State  of  the  services  of  some. of  her  most  tal 
ented  and  eminent  sons, and  at  a  time,  too.  when  she  peculiar!] 


152  HISTORY    UCD    DXBATK8   OF 

tncils  1  -  of  her  wise  and   |  .ion. 

In  il  zatidn  of  a  Southern  Confederacy,  the  Suite  will 

talent — her  men  of  iqtellect,  her  ;  and  to 

alone   Bhould   be  confided   the  great  tru^t  of  •  .  the 

new  government.  It  makes  no  difference  where  these  men  are 
to  be   found,  whether  in  the   Legislature,  in  this  Convention, 

therein  the  State — if  they  are  the  .   we  should 

call   them  t<>  the  public  .  withont  regard   t<»  their  being 

members  of  this  or  of  any  other  body.     We  should   bave  our 
win »!<■  Stal    from  which   t"  make  our  selection  of  .1  I. 
tlii<  I  .iii.l  should  ii"!.  by  the  adoption  of  this  Resolution, 

stricj  ours. 'Ives  as  t.i  be  forced  to  exclude  ami  ostracise  some 
of  out-  most    faithful  and  eroinenl    statesmen.     Sir,   is  the  fact 

that  such  men  have  I. ecu  endorsed  by  the  | pie,  and  have  come 

to  this  bodyj  entrusted    with  their  d  why 

we  should  pronounce  them  disqualified  for  the  position  . -r*  I  > . •  j . 1 1 1 \  ? 
\  •  it  all.  It  is  rather  a  recommendation.  Hut  we  owe  it  not 
only  to  (.in-  "-.Mi  State,  li.it  to  our  sister  States,  whom  w<  are  to 
meet  in  Convention,  ami  with  whom  we  are  to  counsel  with 
.  the  rights  of  all,  that  we  should  send  our  most  emi- 
nent men  to  aid  in  the  deliberations  of  that  important  bod}  .  Sir. 
as  the  whole  responsibility  of  this  new  government  will 
anon  the  .  party,  1  carl   upon  •'//</;/  to  see  to  it,  that  the 

organization  <>l"  the  Southern  Confederac\  is  entrusted  to  its- 
friends  an. I  not  to  its  enemies;  to  men  who  have  been  trtre  to 
the  cause  of  the  South  through  evil    report   as  well   as  through 

i  report;  to  men  who  are  thoroughly  Identified  with  it; 
whose  li  I. .lily  is  above  sii^nieioii,  ami  who.  in  good  faith,  will  use 
their  be*l  efforts  to  secure  the  organization  of  a  government  that 
will  prove  satisfactory  to  the  people.  Anv  inefficiency  or  failure 
.  iiinieiit — any  inconvenience  or  hardship  that 
mav  result  from  its  establishment,  will  l>e  charged  upon  the 
and  it  therefore  behooves  us  to  place  this  work  of 

trueting  the  Southern  Confederacy  in  the  hands  of  its- tried 
an  I  its  heal  friends.  In  such  hauls  we  should  feel  that  the  work 
was  safe  an  I  secure.  In  this  way  we  may  obtain  a  full  guarantee 
that  the  rights  of  those  whom  we  represent  will  lie  amply  pro- 
tected. Sir,  1  trust  the  Resolution  will  not  be  adopted.  It  is 
Unjust  to  our  St, ite.  that  now.  in  her  perilous  condition,  she  should 
be  deprived  of  the  services  of  some  of  her  ablest  citizens.  It  is 
ungrateful  to  those  noble  and  gallant  spirits  who,  in  the  face  of 
ev  i  \  sacrifice  and  of  the  most  hitter  denunciations,  have  accom* 

ied  so  much  for  the  rights  of  our  people  and  the  honor 
of  • .,ir  State;  that  now,  at   the  ver}  moment  of  the  triumph  of 


THE  CONVENTION  OF  ALABAMA.  1  53 

the  Southern  cause,  to  which  they  have  ever  been  so  faithful,  we 
should  repudiate  and  discard  them  as  unworthy  of  the  public 
confidence.     Sir,  1  cannot  thus  discriminate  against  our  friends. 

Mr.  Morgan  said : 

He  had  desired  that  the  Convention  would  not  place  any  re- 
straint in  its  action  in  the  selection  of  deputies  to  the  Congress  to 
meet  on  the  4th  February,  by  a  formal  resolution  ;  but  be  was 
equally  anxious  that  the  selections  should  be  made  fron  persons 
outside  of  the  Convention  and  of  the  Legislature;  and  had  hoped 
that  a  tacit  agreement  on  this  joint  would  relieve  us  from  all  em- 
bai  ras-uiciit.  As  the  resolution  had  been  (.resented,  he  would  vote 
for  it,  if  it  was  kept  in  its  original  form,  so  as  to  exclude  members 
id'  the  t  '.invention  ami  of  the  Legislature.  [f  the  propositions  were 
ted  separately,  he  should  vote  against  both. 

Our  State  adopted  the  principle  in  its  original  organization  that 
the  Legislature  should  not  till  jhi  office  created  by  itself,  from  its 
own  membership,  existing  at  the  time  the  office  was  created.  I 
see  no  occasion  hers  to  depart  from  this  principle  of  government. 
I  would  include  the  Legislature  for  many  reasons.  The  most  im- 
portant reason  is,  that  this  election  ought  to  go  to  the  people.  The 
people  ought  to  select  their  deputies.  But  we  have  not  time  to 
refer  the  election  to  the  people,  and  we  ought  to  make  the  nearest 
approach  we  can  to  them  and  select  the  deputies  from  their  midst. 
They  have  selected  their  delegates  to  this  Convention,  and  their 
members  to  the  Legislature,  because  they  wanted  certain  men  in 
certain  positions.  They  had  other  men  to  represent  them  in  Con- 
gress. We  have  abrogated  these  offices,  and  created  others  of  a. 
similar  character  under  a  different  Government)-  As  it  was  tinder 
the  Old  Government,  so  it  should  be  under  the  New  Government. 
These  representatives  should  be  selected  by  the  people  or  from  the 
people. 

It  is  no  reflection  on  the  Legislature  or  the  Convention  if  we  go 
outside  of  those  bodies  for  our  deputies  1 1  is  rather  a  com  pi  ment 
to  the  State  that  she  has  many  eitieena  capable  of  such  high  datiee, 
A  position  in  this  bodj  ought  to  gratify  any  ambition.  An  honor 
confi  rred  bj  this  body  on  one  or  more  of  its  members  w»»ul  I  be  of 
great  value,  I  confess;  but  it  would  be  pubject  to  a  decided  draw- 
back if  we  should  coma  under  the  unjust  censure  of  attetuptin 
elevate  our  members  to  pouts  of  distinction,  merely  beoMtlae  thev 
are  memben  of  this  1 y,  and  we  have  the  power      There  arc 

gentleman    on  this    floor  whom   I   would  gladly    place  in    any    high 

and  responsible  position,  but  their  eunetitUi  I  ighet  ola  mi 

II 


I  .">  I 

on  them  than  v..  have,  and  they  have  signified  their  prefer*  i 
;-  ibide  by  it. 

.till  : 

That,  in  rising  to  submit  a  few  remarks  to  the  Convention  upon 
the  proposition  under  consideration,  1  I  to  be  pi  rmittcd  to 

that  no  feeling  in  reference  to  himself  personally,  had  the 
influence  on  hieaotiofl  here,     tf  he   had  ever  had  any 
appetite  for  politwal  preferment  or  high  oflicial   position,  it   had 
long  since  been  appeased.     Neither  his  temperament  nor  his  ta 
led  him  to  seek  Bnch  things  :  that  he  a  member  of  1 1 1  i - 

.  i  nti'ui.  was  owing  to  bo  action  of  his  own,  hut  simplj 
prinoipli  -  he  had  been  called  on  to  vicdicat 
responding  with  his  own,  had  invaded  his  peaceful  retirement  and 
■h  a  sacrifice  at  his  hands,     [n  opposing,  then,  the 
proposition  of  the  gentleman  from  Jefferson,  [Mr.  Earnest,]  to  ex- 
clude members  of  thi~  Convention  and  of  the  State  Legislature 
from  eligibility  to  the  offioe  of  Deputy  to  the  Southern  I 
Uon,  he  '>'  oed  solely  by  considerations  affecting  great  pub- 

lic interests,  and  the  honor  and  dignity  id' the  State, 

The  -  ma  seemed  to  Mr.  11.  to  justify  hw  opposition  to 

the  plan  of  confining  the  election  of  Depaties  to  the  respective 
Congressional  Districts,  presented  themselves  with  additional  I 
a  applied  to  the  still  farther  restriction  now  proposed.     lie 
ted  the  first  step  taken  in  this  direction,  because  be 
thought  the  Convention  should  allow  itself  the  broa  I  b  oi 

election;  and  repudiating  mere  ideal  lines  of  demarcation,  should 
appropriate  the  best  material,  without  regard  to  looality,  where- 
ever  it  could  be  found  in  the  State.     We  arc  <  ngaged  lure  in  no 
k,  in >  ordinary  adventure;  bul  States  and  Nations 
waited  on  our  action.    While  the  present  called  aloud  on  us  for  the 
of  the  beat  faculties  with  which  God  had  endowed  us,  the 
ire  no  less  demanded  that  we  should  look  well  to  the  instru- 
cts we  propose  to  employ  to  reconstruct  the  fabric  intended  to 
ihelter  and  protect  posterity,     He  was  afraid  that  gentlemen  wen 
taking  too  narrow  a  i  iew  of  the  great  duty  before  them.     Be  knew 
the  difficulty  of  breaking  tip  old  habits  of  thought,  and  going  out 
channels  along  which  we  have  been  accustomed  to  glide  smooth  - 
ly ;  but  new  circumstances  ought  to  inspire  new  ideas.   Tl 
pe  times  for  resorting  to  mere  routine,  to  continue  to  do  now  what 

we  had   always  dune,  simply    because  there    were  some  who  might 

expect  it,  and  who  perhaps  bud  already  trimmed  their  little  sails 

iteh  any  popular  breeze    that    might   be   passing  by.       For   hi- 


THE  CONVENTION  OF  ALABAMA.  1  55 

part,  said  Mr.  B.,  he  desired  the  largest  liberty  on  this  subject. 
He  was  nut  particular  about  lines  of  latitude  ;  it'  lie  could  not  find 
the  right  man  in  South  Alabama  bo  would  go  to  North  Alabama  : 
if  he  failed  there  he  would  go  elsewhere.  He  protested  against  all 
restriction;  he  wished  the  whole  field  to  be  open  for  exploration  ; 
he  wished  to  seek  candidates  for  this  important  positron,  and  did 
not  wish  to  be  sou- lit  by  them — in  no  other  way  could  this  Con- 
vention vindicate  its  own  dignity,  and  at  the  same  time  do  its  duty 
to  the  people  and  the  State.  Mr.  IS.  said,  he  was  persuaded  there 
was  a  great  error  prevailing  in  the  public  mind  in  reference  to  this 
matter  of  confining  this  action  to  particular  Congressional  Districts. 
Although  it  had  been  the  uniform  custom  under  the  Constitution 
of  the  United  States,  ami  the  laws  of  the  States,  to  elect  members 
of  Congress  from  the  districts  in  which  they  resided,  yetsuch  limi- 
tation was  now  strictly  legitimate;  and  it  would  have  been  allow- 
able had  the  people  desired,  and  any  great  emergency  required  it. 
for  them  to  have  gone  beyond  the  boundaries  of  any  particular 
district  and  selected  for  their  suffrages  any  distinguished  citizen 
in  any  part  of  the  State  whose  services  they  might  have  deemed  it 

proper  to  demand,      lie  [Mr.  B.]  remembered  one    memorabl 

easion  at  least,  on  which  this  was  done;  when  the  distinguished 
Wm.  B.  Giles,  Of  Virginia,  was  taken  up  by  the  people  and  elect- 
ed a  member  of  Congress  in  a  district  far  removed  from  that  in 
which  he  resided;  and  yet.  we  are  told  we  shall  be  removing  Our- 
selves too  far  from  the  people  in  this  election  unless  we  give  then: 
a  member  from  each  Congressional  District.  Mr.  President,  said 
Mr.  !>..  my  experience  has  taught  me  that  the  people,  when  let 
alone,  are  often  more  capable  of  taking  elevated  views  of  public  af- 
fairs than  their  agents.  It  was  so  in  the  case  of  the  election 
Mr.  Giles,  and  if  they  could  speak  to  us  to-day  it  would  be  so  now. 
15ut  much,  said  Mr.  15.,  as  he  was  opposed  to  being  tied  down 
to  these  Congressional  District-,  he  was  still  more  opposed  to  the 
additional  restriction  proposed  to  be  placed  upon  the  Convention 

by  the  gentleman  from  Jeff  rson.  And  here  he  was  sorry  to  dif- 
fer so  radically  with  his  friend  from  Tuskaloosa.  [Mr.  Jemi.-nu. 
for  whose  fine  practical  talents  he  entertained  the  highest  rej] 
and  with  whose  views  he  had  very  often  concurred  during  the  sit- 
ting- of  this  Convention.  That  gentleman  had  said  it  was  a  prin- 
ciple with  him,  iand  no  man  was  more  pertinacious  in  adhering 
to  I  principle.)  that  DO  deliberative  OT  legislative  body  should  re- 
serve to  itself  to  till  offices,  which  the  body  itself  had  created  — 
Now,  sir.  said   Mr.   15  ,  B  I  rule  this  may  be  a  good  one,  bur 

who  would  insist  in  it-  universal  a]. plication  .'  This  post  of  Depuf. 
is  not  an  office  of  profit  ;   it  is  not  one  that  can   be   ranked   under 


166  HISTORY    AM.  Of 

the  bead  of  frorernmental  patronage;  it  id  not  one  thai  if  will  be 
Deccsaarj  to  fill  at  stated  regular  periods — leading  to  th«t  »ui1  of 
bargaining  and  huckstering  thai  we  sometimes  see  in  public  bo* 
ili<  b  ;  but  it  i-  one  thai  grows  oat  of  ■  -n  at  :i>nl  extraordinary  i  e 
caaion,  sol  likely  boob  to  recur.  ;niil  presenting  no  analogy  in  any 
nt'  its  features  to  what  we  ordinarily  denominate  public  office.  Why. 
then,  seek  tu  apply  a  rigid  prinoiple  ti>  an  exceptional  eas< 

It  would  be  remembered  that  before  the  accession  of  Geo.  Jack- 
to  the  Presidency,  be  enunciated  the  doctrine,  thai  in  dispens- 
ing the  patronage  of  the  Government,  it  should  be  done  (.■  the  ex- 
clusion of  members  of  Congress  from  all  the  offices  of  the  country. 
The  theory  Beemed  to  be  uni  xceptionuble,  looking  as  i  diif!  like  a 
sort  of  check  to  that  tendency  to  management  and  corruption  that 
marked  the  times.  I!ut  do  sooner  had  Gen.  Jackson  reached  the 
chair  of  State  than  he  was  the  first  to  violute  his  own  pnnviple. 
Looking  at  the  mere  abstraction  it  was  well  enough,  but  when  he 
came  to  work  the  machine  of  government,  like  a  man  of  sense,  he 
looked  around  for  the  best  instruments,  and  he  selected  these  from 
amongst  those  who  by  education  and  experience  were  best  qouUfied 

to   Bllit    the  purpose  in  View,  whether  the)    wire  found  in  it  '>ni  of 

Congress.  That  is  precisely  what,  we  ought  lo  do  here.  Lei  as 
put  off  these  unwise  trammels,  ami  take  tor  our  Deputies  our  best 

and  aldest  men  wherever  we  can  find  them 

Mr.  1)  said  that  <me   idea  advanced  by  gentlemen  hud  greatly 
surprised  him.      We  had  been  toll  that  unless  we  disfranchised  the 

Convention  and  the  Legislature  in  this  election,  and  weui  out  of 
them  to  select  these  deputies  from  among  the  people,  we  should 
excite  the  jealousy  of  the  people,  and  he  wanting  in  a  proper  re* 
spect  for  tin  in  by  Bhowing  a  disposition  to  absorb  the  power  which 

belonged  tu  tin  him  has.  Mr.  I),  took  a  very  different  view  of  that 
matter;  the  member!  of  these  bodies  were  the  chosen  recipients  of 
the  people's  favor  and  confidence  j  they  had  been  selected  on  ac 
count  of  their  wisdom  and.  experience  to  represent  the  greatest  pub- 
lic inti  rests,  many  of  them  for  a  long  series  (if  years.  If  the  ob- 
ject, then,   was   to    vindicate  the  sagacity    and    intelligence    of   the 

people,  how  could  it  he  better  done  than  bj   making  this  election 

nut  hI' the  material  they  themselves  had  furnished?       It  Would  be  a 

singular  way  ofevioeing  <»ur  respect  for  the  people  by  rejecting  as 
worthless  and  counterfeit,  that  very  coin  whose  face  had  been 
■temped  by  the  people's  approbation. 

Mr.  I!  besougnt  gentlemen,  then,  to  lift  thenwejve*  up  to  a  com- 
prehensive view  of  the  tield  of  action    before   them.      These  were 

ao  times  when  we  should  hearken  to  the  small  counsels  of -small 

politicians,  and  give  ourselves  over  to  the  mandates  of  cross-road 


THE     CONVENTION     OK     ALXItAMA.  157 

caucuses,  and  little  local  arrangements  looking  to  the  gratification 
of  mere  personal  ambition,  and  heedless  of  the  great  interests  com- 
mitted to  our  charge.  Was  the  poverty  of  intellect  .so  great  in  this 
body  that  we  could  find  no  one  here  to  represent  us  in  this  Con- 
gress? Was  there  so  little  wealth  of  nriid  and  worth  in  the  Legis- 
laturethitth.it  body  too  must  be  excluded?  Mr  I>.  did  not  know 
how  others  felt  on  this  subject,  but  for  himself,  when  he  looke  I 
around  and  saw  South  Carolina  selecting  her  best  men  for  the  a  >- 
preaching  Congress — when  he  reflected  that  Georgiu,  whose  pride 
it  was  to  be  first  among  the  foremost  in  the  great  movements  of  the 
d.iv,  would  unquestionably  send  to  that  body  her  wisest  and 
truest  statesmen — when  other  States  all  around  us  might  hi'  ex- 
pected to  pursue  a  similar  course — he  should  feel  mortified  and 
humiliated  at  the  spectacle,  if  our  own  State,  with  abundant  ma- 
terial out  of  which  to  make  a  most  creditable  selection,  should  eon- 
tent  herself  by  sending  inferior  men  to  this  important  body;  and 
dwarf  herself  down  to  mere  mediocrity,  when  she  ought  to  pre- 
sent herself  as  a  peer  of  the  greatest  and  best  of  her  sister  States. 
The  State  of  Alabama  is  rich  in  intellectual  treasures  :  let  us  group 
them  all  together;  let  us  take  from  the  mass  the  purest  und  bright- 
est jewels,  and  combining  these,  let  us  throw  into  the  approaching 
Congress  all  the  light  we  can  command.  By  doing  this,  we  should 
vindicate  the  dignity  of  this  Convention,  exalt  the  character  of  the 
State,  and  hest  consult  the  honor  as  well  as  the  interests  of  the 
people. 

Mr.  Yancih   said : 

Mr.  President — 1  am  opposed  to  the  proposition  of  the  geiitle- 
iiian  from  Jefferson  upon  principle.  In  its  practical  operation  1 
have  not  the  least  interest.  1  may  say.  I  hope  without  being 
considered  as  egotistic,  that  many  members  of  the  Convention 
have  expressed  a  desire  to  have  me  elected  as  one  of  the  depu- 
ties to  the  Southern  Contention,  and  that  for  reasons  satisfactory 
to  myself  if  not  to  them,  I  have  positively  declined  to  have  tn\ 
name  considered  in  thai   connection.     I   have  thought  it   proper 

to  allude  to  this,  in  order  that  my  opposition  to  this  proposition 
of  the  gentleman  from  Jefferson  may  be  considered  as  upon  prin- 
ciple, and  not  as  upon  selfish  considerations. 

The  Southern  Congress  will  be  composed  of  deputies  repre- 
senting the  people  of  Alabama,  elected  by  this  body.  The 
people  have  a  righl  to  a  selection  from  their  entire  number,  This 
proposition  adopted  will  confine  that  selection  to  a  portion  only 
of  the  people:  to  a  large  portion,  it  ;s  true,  but  still  it  will   l>c  a 


168  tOSTOItl     and    tttBATM    OF 

rriction  to  a  particular  class  of  the  people<  Besides,  that  ob- 
jection, there  is  another :  it  will  be  a  disfranchisement  of  a  portion 
of  tlie  people;  b  small  portion  it  is  true,  but  still  a  pari  of  the 
people;  certainly  not  inferiorto  any  other  part  of  the  Bame  num- 
ber,  whether  intelligence,  ^kill  in  public  affairs,  or  patriotism  is  con- 
sidered. Thai  thi-  pari  ofthe people  thai  will  be  disfranchised — 
thus  forbidden  t.>  aspire  t<>  this  high  trust,  loses  none  of  its  impor- 
ts,in  that  connection,  When  it  is  considered  thai  the  people 
'i;t\.-  heretofore  selected  them  .-is  worth}  of  their  confidence  and 
trust.  They  number  two  hundred  and  thirty-three,  and  have 
each  and  all  received  the  Stamps  of  public  approval,  <>n  the  very 
whieh  will  yet   agitate  the  public  mind. 

The  great  fundamental  principle,  lying  at  the  foundation  of  all 
our  institutions,  is  equality  ofcitizi  ns  in  our  State,  and  its  antag- 
onistic principles.  The  recognition  <>i"  pri\  II*- i_r< •  < I  classes,  has 
ever  mel  with  universal  condemnation.  That  equality  of  citizen* 
ship  would  I"'  grossly  violated  by  the  adoption  of  this  amend- 
ment. No  matter  what  course  delegates  may  individually  take  in 
making  their  selection,  Ie1  us  not  mar  tun- records  by  placing up6n 
them  such  a  declaration. 

Mi;.   ¥eLVERTON    -aid  : 

.1//-.  President — It  is  perhaps  proper  that  I  should  mention  that 
I  did  at  iir-.t  favor  this  resolution,  believing  thai  deliberative 
bodies  should  not  create  offices  for  themselves;  and  without 
looking  al  the  question  in  any  other  light!  so  expressed,  myself  to 
some  of  the  members  of  this  body.  Bui  an  examination  pf  this 
question  has  satisfied  me  thai  the  object  soughl  to  be  accomplish- 
ed Ky  this  resolution  is  not  consistent  with  this  view  of  the  subject. 
I  am  stid  free  to  maintain  m\  own  position  and  approve,  withal!  my 
heart,  the  general  principle  of  this  resolution.  Hut  I  am  n.oy 
satisfied  thai  this  proposition  is  full  of  mischief,  leveled  at  certain 
;/■  nih mi  ,i.  or  perhaps  al  a  a  rtain  <j<  ntU  /./"///and  not  intended  to  se- 
cure fair  competion  to  all.  Again,  sir,  the  elections  to  !><•  made 
by  the  Convention,  and  the  places  to  be  idled  are  of  such  \ast 
magnitude,  that  tiny  are  placed  beyond  the  reach  of  ordinary 
rules,  and  ordinary  considerations  :  and  the  men  should  not  b< 
lected  from  mere  favoritism. 

1  was  tor  separate  State  action  first,  and  for  the  formation  of  a 
Lfreat  Southern  Confederacy  next  rand  for  everything  necessary  to 
accomplish  these  great  purposes.  The  people,  1  have  the  honor  to 
represent,  were  openly  and  boldly  for  these  things.  As  their 
standard-bearer.  l>.\  unanimous  choice  of  their  own,  with  these 
purposes  plainly  inscribed  upon  their  banner    I  took  it  and  bore 


THE    COXVKXTIOX    OF    ALABAMA.  151) 

jt  aloft  over  a  field  warmly  contested.     I  paid  my  devotion  to  it. 
in  open  and  free  discussion,  taking  issue  wiih  Union,  cooperation 
.and  submission,  in  all  its  forms  and  places.     I    was  sent  here 
to  honor,  not  to  dishonor  it  :   the  first    1  will  do  by  being  tevte  ; 
;ts  principles,  and  to  its  (rue  men  :   the  last  I  will  never  do. 

F  proudly  join  my  voice  and  action  with  those  of  the  gallanl 
and  eloquent  gentlemen  from  Pickens,  [Hon.  L.  M.  Stone.]  and 
Barbour,  |  Hon.  Alpheus  Baker,]  and  call  upon,  and  appeal  to,  the 
gallant  and  true  Secession  members  of  this  body  to  vote  this 
measure  down.  1  ask  to  make  this  appeal  the  more  impressive. 
because  of  the  decided  manifestation  for  its  adoption.  1  make  h 
in  good  faith,  and  under  the  impression  that  others  as  well  as 
myself  have. mistaken  the  object  of  the  resolution.  1  shall  ex- 
empt the  gentleman  who  introduced  tins  resolutfon  from  the  im- 
putation of  mischief-making,  and  I  do  this  because  I  know  him, 
and  believe  him  to  have  been  influenced  by  a  different  motive; 
but  those  gentlemen,  who  are  pressing  it  so  earnestly  in  an  ea 
cautious  way  ;  1  may  indulge  the  belief  as  to  them,  that  they  arc 
DOt,  to  say  the  least  of  it,  prompted  by  a  very  great  desire  to  ad- 
vance the  claims  of  gentlemen,  who  have  been  the  most  promi- 
nent in  the  Secession  movement.  I  could  perhaps  charge  that 
some  men.  who  were  not  themselves  qualified  for  seats  in  the 
Si  h,'  hern  <  '■  ingress,  would  aid  to  crush  others,  who  had  the  quali- 
fication. 1  mighl  use  stronger  language,  and  say,  that  aver}'  dis- 
tinguished  gentleman  was  most  eminently  qualified,  and  that  the 
object,  was  to  victimize  hltn>. 

I  am  opposed,  Mr.  President,  to  lend  myself  directly  or  iicli- 
>vcth  to  such  a  warfare;  and  if  my  suspicions  be  well-founded,, 
the  act  would  be  in  utter  violation  of  my  own  sense,  of  propriety. 
1  would  be  the  last  to  desert  the  man  who  has  labored  most  to 
make  Secession  prominent.  Sir,  I  not  only  believe  it  to  he  right; 
but  I  believe  it  to  be  the  only  remedy — the  only  passjport  from 
-alage  to  freedom.  The  resolution,  viewed  in  any  aspect,  is 
•ripiive,  and  unjust  on  that  account.  TheState  has  a,  perfect 
right  to  call  into  active  service  the  ablest  and  truest  men;  and  \\" 
should  keep  an  eye  to  the  service,  and  the  effect  of  the  service; 
and  in  no  event  proscribe  gentlemen  because  they  have  been  hon- 
ored with  the  confidence  of  the  people.  We  may  yet  be  told 
that  in  such  men  the  people  bad  the  greater  confidence. 

ilution  is  softened  by  the  amendment  proposed  by  the  honora- 
ble gentleman  from  Perry,  (the  President  of  tic  <  invention,)  but 
i    am    for  an  open  field,  \'rrr  competition,  free  choice,  and  the 
itcst  amount  «>f  ability  and  experience,  along  with  the  / 
to  the  service  and  the  principle.     Jt'  secessionists    believe 


160  mstoBi    uid  ■  or 

lutioa   is  to    prevent   them   front  sustaining  one  or 
mon  and  gallant  men  in  ibis  body,  and  the  Legists- 

.  who  have  labored  gloriously  and  succ<  sslvely  lor  tfa 

rt.iitil v  do  themselves  great  injustice,  do   vi<»lei 
constituency,  and  deal  oppres  their  uwi 

vorites  hy  voting  with  1 1 1  •  •  i  r  enema  -  heir  friei 

so  p:  ■    '•  fbs  the  moat  eminent  ability  in  tl 

i«i  be  employed  in  this  arduous  and  exalted  -  thai  if 

there  is  evenadoubl  as-tothepropriei  .  solution  we  should 

reject  i;.     Wo  ought  to  move  with  abundant  caution  and  oircum- 

tion.     I  think  it  equally  clear,  thai  we  should  nol  give  prefc 

they  are  members  of  the 
Convention  orthe  Legislative  body. 

Mr.   President,l  warn  tin-  Convention  to  bo  on  its  guard.     I 
.1111  in  favor  of  acting  out  openly  and  boldly,  and  I'm-  taking  buy 
..II  responsibilities  in  a  direct  way.     No  harm  can  result 
from  rejecting  the  Resolution.     We  are  now  covered  up  in  si  • 

To  this  I  have  been,  and  am  opposed,  for  the    reason 
!  believe  thai  the  people,  whose  rights,  interests,  ami  soi 

have  a  perfect  right  to  Bee,  hear,  and  knoyt  all 

uc  dofot  them,  ami  in  their  name.     They  may  sa}  thai  they 

1  have  protested  against  bucd  action  it'  thej  ».•« »ul  I  have  had 

oa.     Vote  for,  and  adopt    this   Resolution;  proscribe 

your  friends,  including  leaden  and  the  acknowledged  champ 

of  your  cause;  and  then  when  the  light   breaks  in  upon  your 

proceedings,  well  may  outsiders  exclaim:  u the  Convention  pre- 

I  darkness  rather  than  light,  becaus  •  of  its  dr. -.Is  were  >\  il." 

3ir,       ore  1   would  place  myself  in  that  predicament,  this  right 

arm  should  fall  from  my  body.     I  will  n<>t  vote  fort 

rule  or  an  expression  of  opinion.     It  would  work  general  in- 
justice  a:  Ingratitu  te. 

TIi.m  other  spe©  le  upon  this  Resolution, 

.him'  ..  ■_;■,■  .•  variety  of  amendm  »sod,  when  Mr.    W< 

i  tie-  pnvio  i.  which  was  sustained;  and  upon  a 

taken,  the  Resolution  was  lost — yeas 46,  noes  50. 
The  Convention  then  proceeded  to  the  election  of  IV; 
I'i,    election  was  commenced  on  the  afternoon  of  Friday,  and 
I  on  Saturday,  ami   resulted  in  the  following  seleetions; 

DEP1  Tl  Ks  FOR  THE  BTATJ2  AT  LABGB. 

lion.  Richard  W.  Walker,  of  Lauderdale* 
lion.  Robert  II.  Smith,  of  Mobile 


THE  CONVENTION  OF  ALABAMA.  101 

DEPUTIES  FOR  THE  DISTRICTS. 

1st.  District — Gen,  Colin.!.  McRae,  of  Mobile. 
2nd.       "  Hon.  John  Gill  Shorrer,  of  Harbour. 

3rd.      '•  "     W.  P.  Chilton,  of  Montgomery. 

It!,.       "  «    S.  F.  Hale,  of  Greene, 

5th.        "  "      David  l\  Lewis,  of  Lawrence. 

6th.        "  Dr.  Thos.  Fearn.  of  Madison. 

7th.       "  Hon.  J.  L.  M.  Curry,  of  Talladega. 


THIRTEENTH  DAY— JANUARY  TWENTY-FIRST. 

A  Tier  the  adoption  of  a  resolution  offered  by  Mr.  Dowdell,  to 
remove  the  injunction  of  secrecy  as  to  all  previous  business  of  the 
Convention,  the  gallery  was  thrown  open. 

PROPOSED  COUNCIL  OF  STATE. 

Mr.  Cochran  called  up  the  Ordinance  reported  by  the  Commit- 
tee on  the  Constitution,  to  appoint  a  Council  of  State. 

Mr.  Siiortri  doe  offered  the  following  amendment : 

"  Whose  duty  it  shall  be,  when  (required  by  the  Governor,  to 
adviso  with  him  on  all  matters  which  may  be  submitted  to  their 
consideration  ;  and  that  a  record  of  such  consultation  shall  be 
kept :  Provided,  nevertheless,  that  the  Governor  shall,  in  all  cases, 
decide  upon  his  own  action.'' 

Mk.  Beck  said  : 

He  was  opposed  to  the  amendment  offered  by  the  gentleman 
from  Shelby.  He  saw  no  good  to  result  from  its  adoption. 
The  object  of  the  Committee  that  reported  the  Ordinance  was 
tWO-fold  :  fir-t,  to  afford  the,  Governor  that  assistance  which  he 
required  in  the  altered  state  of  oar  affairs,  by  giving  him  a  Couo- 
•i!  witli  whom  he  could  advice  and  consult,  in  ea-es  of  doubt  and 
difficulty,  and  at  the  same  lime  would  relieve  him  of  mm  h  of  the 
actual  labor  now  incident    to  his  oftce.      Secondly,  it  was  intended, 

;hat  while  the  labors  q    hi-  oftoe  were  lessened,  the  Qtovernor 

should  be  held  to  t>e  full  measure  of  si  I  his  responsibilities.     Ho 

■  select  his  counsellors,  and  be  accountable  for  hi-  and  their 

conduct.     The  amendment  proposed  bi  the  gentleman  looks  to  a 


!()•»  IllSTuKV     AM>     I)i:it.VTE8    OF 

division  of  responsibilities  between  the  Governor  ami  bis  counsel- 
the  result  of  which  would  be  unfortunate. 

Mh.  SiKiHTiuixii:  replied  : 

The  proposition,  Mr.  1 'resident,  which  emanated  from  me,  It  a 
copy  from  the  Ordinance  adopted  by  South  Carolina,  on  a  subject 
identical  with  tbe  Ordinance  now  under  consideration.  So  far 
from  complicating  the  matter,  as  argued  by  the  gentleman  from 

Wilcox  [Mr.  Heck],  its  tendency  is  to  make  it  plain  and  explicit. 
It  provides  that  the  Council  shall  advise  the  Governor,  when  he 
demands  their  advice  ;  that  a  record  shall  be  kept  of  their  consul- 
tations; and,  finally,  the  Governor  shall  decide  on  bis  own  action. 
It  occurs  to  me  that  it  is  wise  and  prudent  that  a  record  of  tho 
proceedings  of  the  Council  should  be  kept;  and  it  is  not  le- 
thal the  Governor  should  at  last  decide  upon  his  owu  action,  and 
be  responsible  to  the  country  for  that  action. 

I  can  assure  the  gentleman  from  Wileox,  that  the  proposed 
amendment  is  not,  as  he  intimates,  intended  to  embarrass  the  pas- 
Bage  of  the  Ordinance.  My  course  is  dictated  by  no  unfriendly 
spirit.  On  the  contrary,  it  is  to  meet  and  to  remove  objections 
which  I  know  to  exist  in  some  quarters.  For  my  own  part,  I  am 
prepared  to  vote  for  the  Ordinance,  with  or  without  the  amend- 
ment. Public  pood  demands  the  establishment  of  a  Council;  and 
the  sooner  the  want  is  met  the  better.  At  the  same  time,  how- 
ever, I  prefer  to  adopt  the  safeguards  which  have  been  thrown 
around  it  by  the  Convention  of  South  Carolina.  It  is  a  good  ex- 
ample,  and  those  who  follow  will  not  greatly  err  in  a  crisis  like  this. 

Mr.  BAKSB,  of  Kussell,  said: 

We  will  probably  have  no  use  for  this  Council.  The  Governor 
will  soon  1)0  surrounded  by  advisers,  lie  is  now  surrounded  by 
the  wisdom  of  Alabama;  the  Convention  is  here  ;  the  Legislature 
is  here;  the  Supreme  Court  is  here;  the  Attorney  General  is 
here.  Certainly,  in  the  civil  department,  the  best  judgment  in 
the  Stale  is  now  at  the  service  of  tbe  Governor;  and  there  will 
be  no  difficulty  whatever,  in  the  way  of  consultations,  for  every 
man  will  feel  a  pride  and  pleasure  in  being  called  on  for  his  ad- 
vice touching  the  interests  of  the  State  in  this  important  day. 

But  it  is  said  that  the  Governor,  not  being  a  military  man,  must 
have  military  advisers.  The  answer  to  that  is  :  we  are  organizing, 
with  all  baste,  a  Military  Board.  The  military  department  will 
eoon  be  in  existence,  and  in  active  operation.     It  will  be  a  part  of 


THE  CONVENTION  OF  ALABAMA.  103 

the  Government;  and  the  Governor  and  his  Council,  if  he  had 
one,  would  be  compelled  to  yield,  at  last,  to  the  edicts  of  the  lead- 
ers of  the  military  department, 

If  1  thought  that  Alabama  would  remain  separate  from  the 
Other  States,  in  her  independent  capacity,  1  might  favor  this  mea- 
sure. But  it  is  to  be  hoped  that  we  will  soon  be  under  a  National 
Union.  There  will  then  be  greater  advisers  over  us;  for  then  the 
wisdom  of  the  Confederate  or  Federal  Union  will  dispense  its 
guardian  influences  to  us.  Thus,  sir,  we  will  have  no  need  what- 
ever for  this  "CoTJNCIt  Of  Statk."  The  Governor  will  have 
the  very  best  advice,  Without  the  creation  of  this   new  institution. 

Then,  if  there  is  no  necessity  foT  this,  why  erect  a  new  and 
novel  department  of  State,  which  will  necessarily  greatly  increase 
our  expenses  ''.  Sir,  the  State  will  suffer  no  injury  by  the  refusal 
of  this  body  to  adopt  this  new  plan.  The  people  have  abundant 
confidence  in  the  Governor,  ami  he  can  get  along  just  as  well 
without  this  Council  as  with  it,  Let  the  wisdom  of  the  past  give 
us  confidence  for  the  future. 

We  have  as  yet  suffered  no  terrible  convulsions.  We  have  se- 
ceded from  the  Union  ;  that  is  true,  but  the  sun  still  rises  and  sets 
with  its  accustomed  regularity,  and  shines  with  its  usual  splendor. 
As  long  as  the  elements  are  not  convulsed,  there  is  no  necessity  of 
creating  a  fictitious  state  of  affairs,  whose  apparent  solemnity  will 
he  calculated  to  alarm  the  people. 

Mr.  Williamson  said : 

That  he  could  not  agree  with  the  gentleman  from  llussell  [Mr. 
IJakerj.  The  Governor  asks  our  assistance.  Doubtless  he  is  of 
opinion  that  he  needs  it,  and  thinks  that  it  is  important  for  the 
State  that  the  best  and  wisest  of  her  sous  should  be  called  into 
Council.  This  request  reflects  great  credit  on  the  modesty  as 
well  as  the  wisdom  of  ihe  Governor.  The  Council  should  be  es- 
tablished. 

It  is  not  contemplated  that  this  institution  should  be  permanent, 
but  only  for  the  time  being.  The  Governor  will  use  them  only  so 
Ion-  as  it  may  lie  important  for  the  State. 

This  debate  was  continued  for  some  time  by  Messrs.  Cochran, 
Webb,  Yancey,  and  others.  Win  n.  upon  a  vote  being  taken,  the 
Ordinance  was  defeated,     Ayes  40 — noes  ~.i\L. 


10  I  nisioUY    AND    DBBATSS    01 

FOUBTEENTH  DAY— JANUARY  y.WENTY-SB    OND     OPEH 
SESS]  »N. 

Mb.  Daboan,  from  the  Committee  oti  Foreign  R  .  made 

the  following  reporl  oil  an  Ordin  mce  referr  -I  to  the  Committee  fur 
the  prohibition  of  the  African  Slave  Trade: 

Mi.  President — Your  Committee  to  whom  was  referred 
dinanoe  to  prohibit  the  introduction  into  the  State  of  Alaban 
slaves,  not  born  or  held  to  Bervice  in  any  one  of  the  slave  States 
of  North  America,  have   had  the  same  under  consideration,  and 
have  instructed  me  to  reporl   thai    the  power  to  regulate  or  pro- 
hibit the  Foreign  Slave  Trade  will  more  properly   belong  to  the 
Confederacy  of  the  Southern  Slaveholding  States,  when  formed, 
than  to  any  single  State,  and  the)   believe   this   power  will  I 
sumed  and  e.xei'eis-d  !>y  said  Government. 

But  it  is  the  opinion  of  your  Committee  that  such  trade  ought 
to  be  prohibited,  and  by  way  of  expressing  such  opinion,  and  to 
provide,  in  the  mean  time,  against  the  opening  of  such  trade,  the 
Committee  have  instructed  me  to  report  an  Urdinance  upon  the 
subject,  and  to  ask  that  the  same  be  adopted. 

Mk.  Downm.i,  moved  to  print  200  copies,  and  make  it  the  spe- 
cial order  for  Thursday  next,  at  1!  o'clock.  A.  M..  which  was 
carried. 

Ali;.   Jkmison  made  the  following  report  : 

The  Joint  Committee  on  the  part  of  the  two  Houses  of  the  Gen- 
eral Assembly  and  this  Convention,  to  confer  with  each  other,  to 
ascertain  and  fix  the  respective  duties  of  this  Convention,  and  the 
General  Assembly,  having  discharged  that  duty,  instinct  me 
to  report,  that  it  is  understood  and  agreed  between  the  said  Com- 
mittee representing  the  General  Assemblyj  and  the  committee 
representing  this  Convention,  that  the  action  of  the  latter  body, 
shall  henceforth  he  confined  t<>  such  changes  in  the  organic  law  of 
the  State,  as  may  he  demanded  by  the  present  exigencies,  and 
that,  with  this  exception -and  such  Ordinancies  as  have  already 
been  adopted  by  this  Convention,  the  whole  business  of  Legisla- 
tion will  he  left  to  the  General  Assembly. 

R.   JEMISON,  dr..  Chairman, 
oil  the  part  of  the  Convention. 

EL  C.  HILLOCK, 
on  part  of  the  Senate. 
s.    F.  RICE, 
on  part  of  the  House  of  Representatives, 


["HE  CONVKNTIOX  OP  ALABAMA.  165 

INSTRUCTIONS  TO  SENATORS   AND  REPRESEN. 
TATlVES. 

Mi;.  Darg an,  from  the  Committee  on  Foreign  Belationa,  re- 
ported as  follows  : 

Your  Cotnmitte  to  whom  were  referred  certain  resolutions, 
adopted  by  many  <»f  theSouthern  Senators  and  members  of  the 
House  of  Representatives  of  the  Congress  of  the  tJnited  States. 
have  had  the  same  under  consideration.  They  believe  that  the 
Ordinance  of  Secession  adopted  by  tlie  people  of  the  State  of  Ala- 
bama, severs  completely  all  the  connexion  between  the  State  of 
Alabama,  and  the' Government  of  the  United  States.  That  Che 
State  of  Alabama  is  no  longar  entitled  to,  and  ought  not  to  be 
represented  in  the  Congress  of  the  I  nited  States.  Therefore,  they 
have  instructed  me  to  report  the  following  Resolution; 

Resolved,  That  our  Senators  and  Members  of  Congress  of  the 
Government  of  the  United  States,  at  Washington  City,  be  inform- 
ed that  the  State  of  Alabama  is  not  entitled  to  and  ought  not  to 
lie  represented  in  the  Congress  of  the  United  States,  as  one  of 
said  United  States. 

The  report  of  the  Committee  was  concurred  in  and  the  resolu- 
tion adopted.  [For  Senator  Clay's  speech  upon  withdrawing 
from  the  Senate,  see  Appendix.] 

COMMISSION  TO  WASHINGTON. 

Hk,  Darq an,  Chairman  of  the  Committee  on  Foreign  Rela- 
tions reported  resolutions  to  authorize  the  Governor  to  appoint 
two  Commissioners  to  proceed  to  Washington  City. 

M  a.  Shortkidgi  enquired  : 

Does  this  resolution  emanate  from  the  Committee,  or  is  it  an 
independent  proposition  of  the  gentleman  from  Mobile.? — [Mr. 
I  )argan. ) 

MR.     J  ) Alili  \N    replied   : 

The  subject  was  discussed  in  <  ommittee,  and  I  drew  up  this  as 
what    I  supposed  to  be  the  sense    of  the  Committee,  but  1  did  not 

read  it  to  the  Committee,  nor  take  a  vote  on  it. 


ll'.r.  HISTORY    AND    DEBATES    OF 

Mr.  Jkmisom  Baid : 

Thru.  Mr.  President,  it  is  out  of  order^  tor  it   is  not   in    the 
legitimate  line  of  a  Committee's  chit  v  to  originate  business. 

_M  k.  W  \t-is  said  : 

I  differ  with  the  gentleman  frqm  Tuscaloosa,  |  Mr.  i\  tnison.] 
What  is  the  use  of  Committees  if  they  m&)  not  originate  bush 
ness  '.  It  is  true,  that  usage  has  adopted  a  en-tain  degree  of  ft* 
malitv  by  which  business  is  brought  to  the  attention  of  Commit* 
tees.  But  these  formalities  are  nol  esssential;  they  have  nol  ma- 
tured into  absolute  rules.  The)  are  often  inconvenient,  and  if 
followed  strictly,  produce  greal  delays  and  vexations;  Instead  of 
facilitating  they  retard  business^  and  cramp  the  action*,  not  onl 3 
..I'  the  Committees,  but  of  any  deliberate  body  who  adheres  to 
them  as  absolutely  binding. 

The  Resolution  embraces  a  subject  of  the  greatest  importance, 
and  it  ought  to  have  been  adopted  long  ago. 

Mb.   Clk.mkns  said  : 

[do  riot  favor  this  resolution.  Thereisno  n  cessity  for  it.  Shall 
we  reenact  the  farce,  which  has  made  the  State  of  South  Carolinii 
rediculous?  Shall  wesend  a  Commissioner  to  Washington  simply 
that  he  may  be  sent  back  to  us?  Shall  we  seek  an  insult  that 
we  ought  to  know  is  waiting  for  us?  Nfo,  Sir.  Let  the  Gov- 
ernment  at  Washington  send  Commissioners  tp  us.  I  do  nol  see 
what  our  Commissioners  have  to  negotiate  for.  The  example  of 
South  Carolina  is  quoted.  She  was  differently  situated.  We 
have  our  forts  in  our  own  possession,  she  had  not. 

Me.  Dargan  said  : 

The  views  of  the  gentleman  from  Madison,  [Mr.  Clemens] 
have  not  escaped  my  reflection.  I  have  worded  the  Resolution 
very  cautiously.  The  Governor  is  nol  hound  to  appoint  Com 
missionei's  immediately.  It  may  or  may  not  be  necessary  to 
send  Commissioners.  But  1  am  not  prepared  to  admit  that  even 
the  South  Carolina  Commissioner,  Mr.  Hayne,  did  no  good  bj 
his  visit  to  Washington.  Mr.  Hayne's  Commission  was  not  with- 
out its  good  effects,  as  will  be  seen  from  the  correspondence 
which  I  read,  [here  Mr.  D.  read  the  correspondence  touching  Mr. 
Hayne's  interview  with  President  Buchanan.] 

Mb.  Smith,  of  Tuscaloosa,  moved  to  strike  oui  "two"  and  in- 
sert "one." 


THE    CONVENTION'    OF    ALABAMA.  1('»7 

Mb.  Smith  said : 

Mr.  President — I  prefer  that  there  should  be  but  one  Com- 
missioner. This  official  will  occupy,  to  some  extent,  the  position 
of  a  Minister.  He  ought  to  be  clothed  with  sufficient  dignity  to 
command  attention,  and  the  respect  especially  of  the  Government 
to  which  he  is  sent.  It  will  not  do  to  divide  responsibilities  or 
honors.  Two  Commissioners  would  not  command  as  much  re- 
spect as  one;  because  the  more  you  concentrate  honor,  the  bright- 
eritis;  themoreyou  concentrate  authority,  the  more  potent  it  is. 
Besides,  men  do  not  like  to  di\ide  their  laurels;  men  do  nut  cafe 
to  toil  for  honors  unless  the;,  have  a  fair  prospecl  of  wearing 
them.  The  best  way  to  get  good  work  out  of  an  ambitious  man 
is  to  crowd  him  with  all  the  responsibilities,  and  give  him  a  chance 
for  all  the  honors. 

Again, sir, there  is  some  trouble  in  getting  audiences  with  great 
men.  The  President  can  be  more  easily  approached  l>\  one  man 
than  by  two.  Conferences  are  more  solemn  when  the  numbers 
are  few;  therefore  more  confidential  and  more  decisive. 

One  minister  cannot  disagree  with  himself,  therefore  his'  coun- 
cils will  not  be  divided.  lie  has  no  body  to  pull  him  back,  there- 
fore he  goes  forward,  lie  has  nobody  to  lean  upon,  therefore 
he  depends  upon  himself,  lie  has  nqbody  to  share"  his  defeat, 
therefore  he  wars  against  discomfiture;  nobody  to  divide  his 
honors,  therefore  he  the  more  eagerly  seeks  them. 

There  is  something  too  in  the  expense.  In  excitements,  such 
a>  those  with  which  we  are  now  surrounded, *we  are  too  apt  to 

feel  and  speak  contemptuously  of  money  matters  :  hut  true  econo- 
my is  a  jewed  wherever  found.  Extravagance  of  Government  is 
the  crying  evi\  of  our  day.  It  has  been  the  fatal  curse  of  the 
Government  which  we  have  just  broken.  Let  us  avoid  this  in 
our  beginning.  It  is  no  harm  to  have  an  eye  to  the  expense. 
<  »ne  M mister  the  less  to  Washington  will  give  us  another  for  a 
more  important  place. 

Mi;.   ShoeteIDGE  said  : 

That  hi'  di«l  not  wish  to  be  misunderstood.  'When  he  inquired 
whether  or  not  the  proposition  was  one  directly  from  the  ( 'om- 
mittee,  he  did  not  intend  to  be  understood  as  being  opposed 
to  it.  He  merely  wished  the  Committee  to  be  put  right  on  the 
subject.     He  might,  and   probably  would  support  the  resolution. 


1G8  III8T0RY     AM)    DKDATES    OF 

Mi;.  Blub, 

Concurring  with  the  gentleman  from  Madison,  [Mr,  Clemens] 
and  believing  that  there  is  no  serious  necissity  for  the  official  pro- 
posed thus  to  be  created,  mo  veil  to  lay  die  resolution  on  the  table. 

Ma.  Watts  : 

Requested  the  gentleman  from  Macon  [Mr.  Blue]  to  withdraw 
his  motion  a  moment.  He  did  not  agree  with  the  gentleman 
from  Madison,  [Mr.  Clemens.]  Alabama  had  heretofore  been  a 
member  of  the  United  States.     Having  assumed  an  independant 

position,  it  becomes  her  duty  to  let  the  former  Government  know 
her  reasons  for  this,  and  herpolicy  it' need  be  for  the  future.  Com- 
missioners should  be  sent  to  inform  the  Government  at  Washing- 
ton officially,  that  we  have  seceded  ;  to  propose  terms  of  negotia- 
tion, offer  plans  of  adjustment  upon  different  questions;  proclaim 
our  Freedom,  and  demand  the  recognition  of  our  Independence. 

Such  was  the  course  of  the  fathers  of  the  Revolution.  The} 
did  not  wait  for  Great  Britain  to  send  Commissioners  to  us.  The 
best  men  in  the  new  Republic  were  sent  as  Ministers  to  England 
to  seek  a  restoration  of  amicable  relations;  to  secure  a  recogni- 
tion of  Independence,  and  to  establish  international  Commercial 
intercourse. 

The  State  of  Alabama  having  assumed  new  powers,  ought  to 
seek  to  act  up  to  the  dignity  of  those  powers — and  to  arrest  them 
to  the  fullest,  extent — not  by  words  merely  but  by  acts. 

There  are  many  grave  and  delicate  points  to  be  settled  between 
the  new  and  the  old  Governments.  The  object  asserted  in  the 
Resolution  is  one  of  the  greatest  importance,  and  ought  to  be  at- 
tended to  at  once. 

It  is  nothing  to  us  whether  the  Government  at  Washington  re- 
fused to  receive  the  Commissioners  from  South  Carolina,  or  not : 
that  refusal  is  no  insult  to  us,  and  we  should  not  so  regard  it.  Wc 
are.  not  advised  that  South  Carolina  has  construed  the  conduct  of 
the  Government  at  Washington  towards  her  Commissioner  as  an 
insult.      South  Carolina  is  amply  able  to  protect  her  own  honor. 

Sir,  let  us  adopt  this  resolution.  It  is  our  policy  not  only  to 
seek  a  peaceable  adjustment  of  our  difficulties  with  the  Govern- 
ment at  Washington,  but  we  should  court  alliances  of  peace  with 
all  the  world. 

.Mi;.  Webb  said  : 

Are   wc   prepared  to   recognise  the   United   States  as    a  Gov 


THE    CONVENTION    OF    ALABAMA.  16i> 

eminent?  Certainly.  The  effect  of  the  Ordinance  of  Secession 
is  not  to  abrogate  the  United  States  Government.  The  with- 
drawal of  a  State  does  not  necessarily  destroy  the  Government  of 
the  United  States.  Alabama  stands  precisely  toward  the  Govern- 
ment at  Washington  as  she  does  toward  the  Government  of  France. 
Alabama  is  a  nationality;  so  is  the  United  States.  The  United 
States  has  not  yet  ceased  to  exist  as  an  independent  power. 

Then,  why  not  send  Commissioners  to  Washington?  It  is  ad- 
mitted that  there  are  grave  questions  to  be  settled.  They  must  be 
settled,  either  by  the  pen,  the  voice,  or  by  the  sword.  Let  us 
seek  a  peaceable  solution  of  our  troubles. 

It  is  said  that  the  South  Carolina  Commissioners  have  been 
treated  with  contempt.  Whether  this  be  so,  or  not,  it  is  of  no 
importance  to  us.  Let  us  put  the  Government  at  Washington  in 
the  wrong,  if  she  chooses  to  take  the  wrong;  but  do  not  let  us 
presume,  in    advance,  that  she  will  take  the  wrong. 

To  send  these  Commissioners  will  take  nothing  from  the  dignity 
of  Malama,  as  a  new  and  independent  State.  On  the  contrary, 
it  will  show  to  the  world  our  amicable  intentions. 

I  have  heard  nothing  yet  in  the  nature  of  a  substantial  objec- 
tion, and  1  shall  therefore  vote  for  the  resolution. 

Mr.  Wiiati.ey  said  : 

Mr.  President — It  is  contended  by  gentlemen  that  we  should 
not  send  a  Commissioner  to  Washington,  for  the  reason  that  the 
Oovernment  at  Washington  has  refused  to  receive  the  South  Caro- 
lina Commissioners,  and  therefore  we  are  absolved  from  all  obliga- 
tions to  treat  with  them  But,  sir,  is  it  true,  in  fact,  that  the  old 
Government  has  rejected  the  Commissioners  of  South  Carolina? 
Although  the  first  Commissioners  were  not  received,  only  as  distin- 
t'mguished  citizens,  yet,  sir,  even  at  this  time,  the  State  of  South 
Carolina  has  her  Commissioner  there.  I  read  from  the  "  Montgom- 
ery Mail,"  of  this  morning,  that  Mr.  Hayne  is  there,  making  his 
propositions,  and  that  matters  are  more  pacific 

Hut,  sir,  if  we  admit,  for  the  sake  of  the  argument,  that  the 
Smith  Carolina  Commissioner  is  not  received,  does  that  justify  us 
in  breaking  off  negotiations?  Not  at  all.  I  desire,  sir,  that  if 
there  is  a  collision  of  arms,  between  the  old  and  the  new  Govcrn- 
ments,  that  we  shall  not  be  responsible  for  .w  dirt  a  calamity.  It 
is  our  duty  to  hold  out  the  olive  branch  of  peace — to  offer  to  ne- 
gotiate and  arrange  all  matters  of  difference  between  us;  and  if 
war  and  bloodshed  come  upon  the  country,  we  can  go  before  the 
civilized  world  exculpated  from  all  guilt,  and  released  from  all 
blame,  and  place  the  responsibility  where  it  properly  belongs. 
1-2 


K'i  >    and  r>Kn.m:s  or 

True,  Mr,  we  bave  taken  the  fotti  and  arsenals  within  the  State 
of  Alabama;  bul  we  hare  not  taken  them  ae  ■  robber  or  a  I 

.  r.     We  have  eeiied  the  L'uns  leaf   they  should  be  turned 
igainal  us,  aid  become  the  inatrasnenta  of  our  own  destraetion. 

We  had  a  ri^ht  to  take  them  j   we   arc   a  retiring  partner  from  Un- 
common partnership,  ami  we  have  a  right  to  1ml. i  the  assets  in  our 
—  i < -ii    until   the  iinal  settlement,  particularly  when    we   have 
not  obtained  our  full  share. 

Mr.  President,  we  arc  ready  t  -account,  ami  we  should  send  on 
oat  Oommieeioner,  clothed  with  full  power,  to  make  the  settlement, 
and  briuj;  about  an  amicable  adjustment.     Bat  should  the  Govern* 
■   at   Washington  refuse  to  treat,  we  i ju j ■■  -  them  tli 

tponsibitity  of  rejecting  our  Commissioner, 

Mi:.  \\  ii.i.iam.miN  said  : 

I  think   the  amendment  offered  by  the  gentleman  from  1 
a  [  Mr.  Smith  |,  should  be  accepted,  and  the  <  Ordinance  adopted 
Commissioner  can  accomplish  everything  that  can  be  acl 
plished  by  two  or  more.     As  to  the  expense,  I   admit  we  should 
one  eye,  at  least,  on  the  treasury;  husband  our  resources  and 
prepare  for  the  worst.     Bat,  sir,  under  the  provisions  of  the  Or- 
dinance the  expense  of  sending  one  Commissioner  to  Washing- 
ton is  i  mere  trifle.     It  has  been  urged,  as  an  objection,  ly 
eral  gentlemen,  that  if  we  Bhould  send  a  Commissioner,  he  will 
not  be  received  in  his  official  capacity.     Suppose  he  Bhould  not, 

we,  at  least,  will  have  done  our  duty  by  having  show  n  tfa  ll   we  an 

ly  to  coim?  to  a  fair  settlement-— thereby  placing  it  out  of  the 

power  of  our  enemies  to  slander  us  by  Baying  we  were  seizing 

could  lay  <>ur  hands  on,  ami  refusing  to  account  for 

anything.     Inns  far  the  honor  of  Alabama  is  untarnished.     Her 

motto.    "Good    Faith    and    Fair    Dealing)"  Should    be    strictly    ad 

Uered  to  by  this  Convention:  as  it  will  be  vindicated,  protect 
ad  defended  by  bej  sens,  if  need  be,  on  the  tented  held. 

Mu.  Yami;',  Bsid  '• 

Thai   be  concurred  with  his  aolleagoe  as  to  the  propriety  of  eii- 

tering  into  negotiations,  and  having  these  questions  equitably  and 

►eably  settled.     He  also  concurred  with  him  >"  the  opinion 

that  the  Government  at  Washington  was  a  Government  de  faoto, 

with  which  we  could  negotiate.  I  believe,  however,  that  it  is  not 
a  Government  dt  /tare.  1  cannot  vote  for  the  resolution,  however, 
for  several  reasons,  the  chief  of  which  is  that,  on  the  4th  of  Feb- 


THE  CONVENTION  OK  ALABAMA.  171 

ruary,  a  Convention  of  the  seceding  States  will  assemble  ;  and 
that  Convention  will  have  jurisdiction  over  the  whole  question, 
and  will  lie  the  proper  authority  to  make  negotiations  with  the 
Government  at  Washington,  as  to  all  the  public  property  in  all 
the  seceding  States. 

The  example  of  South  Carolina  is  not  one  in  point.  There  had 
been  an  understanding  between  the  Governmental  Washington 
and  that  of  South  Carolina,  that  the  military  status  of  the  forts  in 
the  harbor  of  Charleston  should  be  preserved  unchanged.  This 
understanding  was  violated,  and  the  whole  military  power  of  the 
United  States,  in  that  harbor,  was  concentrated  in  Fort  Sumter. 
commanding  the  whole  harbor.  Though  South  Carolina,  at  once. 
p6ssessed  herself  of  all  the  other  forts,  yet  Fort  Sumter  over- 
looked and  commanded  them  all.  South  Carolina  then  sent  Com- 
missioners to  Washington  to  negotiate  upon  that  change  in  the 
military  status  of  the  United  States  troops  in  the  harbor.  The 
President  refused  to  receive  them,  save  as  citizens  of  South  Caro- 
lina, and  referred  their  communications  to  Congress.  The  second 
Commissioner  sent  to  Washington  by  that  State,  according  to  the 
beal  information  we  have,  was  to  obtain  the  withdrawal  of  the 
Unit  I  Sta  troops  from  Fort  Sumter.  The  President  has  re- 
fused to  receive  him,  a-*  a  Commissioner,  and  the  telegraph  informs 
us  that  Col.  Hay  no  has  returned  to  Charleston. 

Now,  Mr.  President,  Alabama  occupies  an  entirely  different  po- 
sition. There  is  no  such  military  exigency  now  pressing  on  Ala- 
bama, and  therefore  the  example  of  South  Carolina  is  not  exactly 
in  point. 

There  is.  however,  another  view,  Mr.  President  Alabama  is 
not  alone  interested  in  this  property.  Our  sister  Seceding  States 
have  equities  in  all  the  property  in  this  State,  lately  held  by  the 
United  States.  Alabama  does  not  represent  all  the  rights  in  this 
property,  and  therefore  she  cannot  settle  those  rights  by  negotia« 
Bat  in  less  than  two  weeks  there  is  every  possibility  that 
the  Convention  will  assemble  here  that  will  represent  all  the  inter* 
>f  tli"  seceding  States  in  this  property,  and  in  like  property 
in  all  of  those  Sta    - 

That  Convention  then  will  embody  the  representation  of  all  in- 
sta  in  the  property  oatside  of  the  Federal  Union,  and  will  tale 
jurisdiction  of  the   question,  and   doubtit  tiate  with  the 

Governmental  Washington  upon  the  subject 

In  the  event  that  this  resolution  passes,  your  Commit 
might  be  found  to  have  progressed  in  his  negotiation,  and  agrei  d 
upon  the  basis  of  negotiation,  and   have  nearly  completed  his  la- 
-  :  and  at  that  point  should  a  Commissioner  from  the  Southern 


172  HISTORY    AND    DKBATK8    OF 

Confederacy  arrive  in  Washington  to  negotiate  on  the  subject!  it 
would  he  found,  perhaps,  that  the  Alabama  Commissioner  had 
proceeded  upon  the  basis  that  hi^;  State  Mas  alone  interested,  and 
bad  Otherwise  so  complicated  the  whole  matter,  a-;  to  render  a 
satisfactory  solution  difficult,  if  not  impossihle. 

1  am  for  peace,  Mr.  President,  and  the  only  peaceful  solution  of 
this  question  is  to  recognise  not  only  the  equitable  rights  of  the 
seceding  States,  hut  of  every  State  of  the  late  Federal  Union. 
The  forts  are  built  on  land,  the  title  to  which  Alabama  never  held. 
The  public  lands  were  ceded  to  all  the  States  by  Georgia,  and 
Military  Stoics  and  Custom  Houses  were  made  or  purchased  at 
the  common  expense  of  all  the  States.  It  is  true,  in  withdrawing 
our  State  from  the  Union,  all  this  property  can  he  claimed  by  us; 
aud  if  the  sword  is  drawn,  may  be  retained  by  the  sword.  Hut  if 
wc  Confederate  with  other  States,  we  must  recognise  the  equity 
that  each  held  in  this  property  when  members  of  the  same  Union. 
And  if  we  are  determined  to  negotiate  with  the  United  States,  we 
must  also  recognise  the  equitable  rights  of  every  member  of  the 
late  Confederacy. 

The  most  expedient  mode  of  doing  this,  is  to  carry  on  the.  nego- 
tiation through  the  Federal  authority  of  the  Southern  Confederacy. 

Mr.  Jemisos  said  : 

<  lentlemen  speak  contemptuously  ofcrpc/iscs.  Wemav  sothink 
and  SO  speak  here,  but  the  people  will  think  of  expenses.  There; 
is  an  old  saying  that  "  many  micklea  moke  a  mucklf"  I  tell  this 
Convention  that  we  are  now  running  up  a  formidable  bill  for  the 
tax-payers.  We  have  already  incurred  expenses  rashly,  and 
without  necessity.  We  have  a  large  number  of  troops  in  Flor- 
ida; they  might  as  well  be  in  the  .Moon,  at  present,  for  all  prac- 
ticable purposes.  The  expense  of  a  measure  is,  ot  course,  a 
secondary  consideration,  when  that  measure  is  an  absolute  neces- 
sity, or  even  when  good  sense  and  wisdom  seem  to  favor  it. 
But  in  this  case  there  seems  to  me  to  be  not  the  slightest  neces- 
sity.     It  will  amount  not  only  to  a  waste  of  money,  but  of  time. 

The  gentleman  from  Montgomery  [Mr.  Yancey]  is  right  on 
this  subject.  Diplomatists  move  slowly  and  with  great  deliber- 
ation. The  two  or  three  weeks  which  remain  between  this  time 
and  the  time  when  our  Provisional  Government  will,  in  all 
probability,  be  in  full  operation,  would  hardly  suffice  to  procure 
our  Commissioners  an  introduction  into  the  presence  Chamber 
of  the  President. 


THE  CONVENTION  OF  ALABAMA.  173 

It  seems  to  nie  there  is  no  more  propriety  or  necessity  in  pur 
sending  a  Commissioner  to  Washington  now,  than  in  sending  of]' 
Ministers  to  all  the  other  Courts  in  Christendom. 

The  amendment  of  the  gentleman  from  Tuscaloosa  [Mi-. 
Smith]    was  adopted,  and    the    Resolutions   passed.     [For   Mr. 

Judge's  Mission  and  its  results,  see  Appendix.] 

ENROLLMENT  OF  THE  ORDINANCE  OF  SECESSION 
ON  PARCHMENT. 

Ma.  Earnest,  from  the  Committee  on  Enrollments,  made  the 

following  report  : 

The  Committee  on  Enrollments,  to  whom  was  referred  the 
Engrossed  Ordinance,  withdrawing  the  State  of  Alabama  from 
the  Union  of  the  United  States,  and  who  reported  the  Ordinance 
as  correctly  enrolled  oh  parchment,  in  pursuance  of  a  Resolution, 

have  instructed  me   to   make   this  supplemental  Report  — 

Thai  a  copy  of  said  Ordinance,  written  with  indelible  ink  by 
M  r.  Joseph  B.  ( So6de,of  Montgomery,  has  been  furnished  the(  Som- 
mittee.  which  being  a  neat  and  correct  copy  of  said  Ordinance, 
they  recommend  that  this  copy  be  adopted  as  tin-  original,  and 
tiled  iii  the  office  oi  the  Secretary  of  State,  and  that  the  former 
copy  of"  said  Ordinance  assigned,  be  deposited  in  the  Historic 
Society  of  the  State  of  Alabama,  at  the  University  of  said  State. 
Ht  Tuscaloosa.  W.   S.    EARNEST,  Chairman-. 

Resolved,  That  this  Convention  deeply  appreciates  the  spirit  of 
zeal,  patriotism  and  disinterestedness  that  induced  Mr.  Joseph 
B.  Goode,  of  Montgomery,  to  voluntarily  Engross  upon  parch- 
ment the  Ordinance  of  Secession,  as  adopted  on  the  11th  Janu- 
ary, 1801. 

Resolved,  That  this  Convention  hereby  lenders  its  most  hearty 
thanks  to  Mr.  Goode  for  the  elegant  and  creditable  manner  in 
which  he  has  Engrossed  the  Ordinance — it  being  (as  near  as  cir- 
eumstances  would  admit)  a  perfect  specimen  of  Penmanship* 

Upon  motion,  th ••  report  was  concurred  in.  and  the  Resolu- 
tions adopted. 

And,  mi  motion,  the  Convention  adjourned  till  10,  A.  M.  to 
morrow. 


174  HISTORY    AND    DEBATES    OF 

FIFTEENTH  DAY-JANUARY  TWENTY-THIRD. 

Mij.  Dowdsli  asked  a  suspension  of  the  Rules,  to  offer  the 
following  Resolution  : 

Resolve/?,  That  it  is  the  opinion  of  this  Convention  that  the 
Navigation  of  the  Mississippi  should  remain  free  to  the  people  of 
the  States  and  Territories  lying  upon  it  and  its  tributaries,  and 
no   obstruction   to   the  enjoyment  of  this   privilege   should   be 

offered,  except  for  protection  against  a  belligerent  and  unfriendly 
people. 

N  <  .1  granted. 

Mic  ( iii.cuitisT.  Chairman  of  the  Gommfttee  on  Foreign  Rela- 
tions, made  the  following  report: 

The  Committee  on  Foreign  Relations,  to  whom  was  referred 
a  Resolution  instructing  them  to  enquire  into  the  expediency  of 
sending  Commissioners  to  New  Mexico  and  Arizona,  for  the 
purpose  of  securing  the  annexation  of  those  Territories  to  the 
Southern  Confederacy  as. new  States,  have  had  the  same  under 
consideration,  and  instructed  me  to  Report,  that  they  deem  it 
inexpedient  for  the  Convention  to  take  any  action  thereon,  as 
the  same  more  appropriately  belongs  to  the  Southern  Congress. 

Mr.  Watts,  Chairman  of  the  Committee  on  the  Judiciary  and 
Internal  Affairs',  to  which  was  referred  "  An  Ordinance  in  relation 
to  the  Collection  of  Debts,  &c.,  reported  that  the  Committee  had 
had  the  same  under  consideration,  and  had  instructed  him  to  re- 
port ihc  accompanying  Ordinance,  and  recommend  its  adoption 
as  a  Substitute  for  the  one  referred  : 

CONFISCATION  OK  V\U  >l»ERTY. 

lie  it  Ordained  by  the  people  df  Alabama  in  Convention  as- 
sembled. That  full  power  to  confiscate  Property  belonging  to 
enemies  at  war  with  the  State  of  Alabama  is  hereby  invested  in 
the  General  Assembly  of  this  State.  And  the  power  to  suspend 
the  collection  of  Debts,  and  all  obligations  to  pay  money  due  or 
owing  persons,  artificial  or  natural,  in  the  non-slaveholding States 
of  the  United  States  of  America,  may  be  likewise  exercised  by 
the  General  Assembly  of  this  State,  in  any  manner  they  may 
see  proper;  any  provisions  in  the  Constitution  of  the  State  t<> 
the  contrary  notwithstanding. 


THE  CONVEXTIOX  OF  ALABAUA.  175 

Mr.  Shortridor  moved  to  refer  the  Report  and  Ordinance  to 
the  Committee  on  Printing,  and  make  it  the  special  order  for 
Friday  at  12,  M. 

Mr,  Lewis  offered  the  following  Resolution: 

Resolved,  That  the  Ordinance  and  amendments  now  before  the 
Convention  be  referred  to  the  Committee  on  the  Judiciary  with 
instructions  to  report  an  Ordinance  giving  the  Legislature  the 
war-making  power  until  the  formation  of  a  Southern  Confede- 
racy. 

Mi;.  (  ociikan-  moved  to  lay  the  whole  matter  on  the  table, 
■jui  withdrew  his  motion  to  enable 

Mr.  Comsmam  to  offer  (he  following; 

Be  ii  ordained  by  the  people  of  Alabama  in  Convention  as- 

pmbled,  That  the  collection  by  law  of  any  and  all  Debts  due,  to 

ritizens  of  non-slaveholding  States  which  have  passed  "Personal 

Libert)    Bills,"  or  tendered  aid  to  the  General  Government  to 

n  e  a  seceding  State,  be  suspended  for  nine  months. 

Mr.  Watts  said: 

The  original  Ordinance  which  was  referred  to  the  Committee 
undertakes  bom  to  confiscate  the  property  within  tfte  borders  of 
Alabama,  belonging  to  the  citizens  of  anv  of  the  Liberty-Bill 
states.  Ihe  Substitute  Ordinance  of  the  Committee  proposes 
to  give,  to  the  Legislature  the  power  to  do  this  whenever  it  may 
become  necessary.  He  preferred  greatly  this  course.  Let  the 
Legislature  act  upon  this  subject  at  the  proper  time. 

Mi:.  Siiortridge  said  : 

Mr.  President— h  occurs  to  me  -die  Ordinance  reported  by  the 
v  hairman  of  the  Judiciary  does  not  meet  the  question  boldly 
and  fully.  Ihe  Legislature  of  New-York,  as  we  are  officialh 
informed,  has  actually  tendered  to  the  Government  at  Washing- 
ton ten  millions  of  money,  to  aid  in  the  attempt  to  subjucrafe 
the  seceding  States.  It  is  understood  that  Massachusetts,  Maine 
and  Ohio,  and  perhaps  other  Northern  States,  have  adopted  sim- 
ilar coercive  measures.  This  action  on  the  part  of  those  States 
amounts  to  n  declaration  of  war  on  Alabama.     It,  therefore  be- 


176  BISTORT    AND    DKHATE.S    OV 

comes  this  Convention,  if  it  would  preserve  its  own  dignity  and 
the  honor  of  tin-  State,  to  meet  this  hostile  legislation  in  the 
raosl  emphatio  and  decided  manner.  This  is  done,  it  seems  to 
me,  in  the  first  section  of  the  Ordinance  1  bad  the  honor  to  intro- 
duce. It  provides  that  the  doors  of  our  Courts  shall  be  closed 
against  the  collection  of  such  debts  as  ma)  be  due  from  our  citi- 
zens to  citizens  of  such  States  as  have  assumed  this  warlike  atti- 
tude, or  have  passed  the  so-called  Liberty  Bills,  or  have  judicially 
denied  the  right  of  transit,  to  persoas  owning  slaves,  with  their 
property.  The  amount  of  indebtedness  due  from  the  South  to 
the  North  amounts  to  several  hundred  millions  of  dollars.  The 
people  of  Alabama  owe  probably  as  much  as  eleven  millions  in 
the  City  of  New-York  alone.  Whilsl  I  do  not  propose  to  violate 
the  law  of  nations,  I  insist  that,  tinder 'the  circumstances  which 
surround  us,  we  should  hold  in  abeyance  this  immense  debt.  To 
pay  it  now  would  be  to  drain  us,  and  to  bestow  upon  our  ene- 
mies the  means  and  the  sinews  of  war.  In  view,  too,  of  the 
pressure  existing  in  monetary  affairs,  as  a  measure  of  relief,  it  is 
entitled  to  serious  consideration.  If  the  merchant  is  indulged  by 
his  creditor,  he  can  indulge  those  indebted  to  him. 

The  substitute  offered  by  the  Committee  proposes  to  leave  the 
question  to  the  Legislature  on  the  happening  of  an  actual  war. 
1  wish  the  Convention  to  act  on  things  already  developed,  and  to 
act  promptly.  1  wish  to  let  the  States  of  the  North  know  that 
we  are  willing  to  meet  the  issue  which  they  have  presented.  1 
wish  them  to  know  that  so  long  as  the  obnoxious  laws  remain 
unrepealed,  and  the.  hostile  judicial  decisions  remain  in  force,  to 
which  1  have  alluded,  that  neither  the  comity  of  nations,  nor  a 
regard  for  peace  and  tranquility,  can  make  us  quail,  when  our 
honor  is  involved. 

In  the  second  section  of  the  original  Ordinance,  it  is  proposed 

to    release   the  citizens  of  Alabama   from    their  indebtedness  to 

Northern  creditors  only  when  those  creditors  endeavor  to  evade, 

by  a  transfer  or  assignment  of  their  evidences  of  debt,  the  pro- 

;  ions  of  the  first  section.     This  was  deemed  necessary  to  give 

:'ir  and  effect  to  those  provisions,  and  reaches,  and  was  only 
intended  to  reach  such  creditors  as  attempt  fraudulently  to  creep 
into  our  Courts. 

I  do  not  pretend,  Mr.  President,  that  the  original  Ordinance 
is  perfect.  It  was  drawn  hastily,  and  in  the  midst  of'  multiplied 
labors.  It  was  intended  to  be  more  BUggestive  than  otherwise, 
in  the  hope  that  wiser  and  abler  heads  than  mine,  after  examina- 
tion and  reflection,  would  aid  in  bringing  it  as  near  perfection  as 
may  be. 


CHE  CONVENTION  OF  ALABAMA.  177 

Jt  will  also  be  perceived  that  it  is  contemplated  to  leave  the 
Bubject,  by  my  Ordinance,  ultimately  in  the  hands  of  the  Legis- 
lature. But  now  is  the  time  fop  this  Convention  to  make  the 
proper  reply  to  New-York,  and  this  is  the.  body  on  whom 'this 

duty  devolves.  Let  us  not  temporize,  nor  (ear  to  look  dangers 
and  difficulties  like  these  full  in  the  face. 

With  regard  to  those  sections  which  contemplate  confiscation 
in  the  event  of  actual  war.  1  see  no  great  difference  in  principle 
between  the  original  Ordinance  and  that  reported  by  the  Com- 
mittee. I  am,  therefore,  indifferent  whether  they  are  adopted 
imir  by  the  Convention  or  not.  It  may  he  time  enough  when 
hostilities  have  commenced,  to  proceed  to  the  extreme  of  eon- 
fiscal  ion. 

Mr.  Jones,  of  Lauderdale,  said  : 

Mr.  Preaidmt — The  substitute  of  the  gentleman  from  Mont- 
gomery, (Mr.  Watts,)  proposes  to  confiscate  all   debts  due  by 

the  citizens  of  Alabama  to  citizens  of  the  Northern  States  at  war 
with  this  .State.  1  must  confess,  sir,  that  I  did  not  like  the  propo- 
sition when  it  was  first  read  at  your  Clerk's  table,  nor  was  my  dis- 
like at  all  removed  by  the  remarks  of  the  mover  of  the  substi- 
tute under  consideration.  1  am  opposed,  sir,  to  every  descrip- 
tion of  robbery.  But  when  it  is  proposed  to  inaugurate  a  new 
Republic  by  perpetrating  a  flagrant  outrage  upon  our  just  credit- 
tors,  1  must  signify  my  dissent,  and  ask  to  stand  acquitted  by 
the  record  from  any  participation  in  the  deed. 

Who.  let  me  ask  the  gentleman  from  Montgomery,  are  the  ene- 
mies of  Alabama?  If  I  do  not  greatly  misunderstand  the  law, 
whenever  a  government  declares  war  upon  Alabama,  every  citi- 
zen of  that  Government,  whatever  may  be  his  private  opinions. 
becomes  ed  inatanti  an  enemy  to  our  State,  and  must  be  treated 
as  Such  under  the  rules  of  war. 

If  this  be  true,  and  the  President  of  the  United  States  should 
attempt  to  "  enforce  tlie  lav'1  (which  is  only  a  honeyed  phrase 
t'or  invasion  and  subjugation.)  then  the  merchant  of  New  York 
City  becomes,  by  the  legal  construction  of  this  amendment, 
tie-  enemj  of  Alabama,  notwithstanding  he  has  recognised  our 
Constitutional  rights,  braved  the  whole  abolition  pack  of  his 
State,  and  wasted  time  and  money,  and  lost  political  caste  at  homo 
in  defense  of  our  property.  This  amendment,  then,  proposes  to 
do  what  1  believe  a  great  wrong.  It  is  not  only  wrong  in  mor- 
als, but  it  is  charly  contrary  to  sound  policy. 

I  think  I  may  safely  say  that  nineteen-tweutieths  of  the.  debt 
of  Alabama,  due  to  the  North  is  due  to  our  political  friends. 


178  IHSTOKY    AND    DERATES    OF 

Indeed,  it  is  no  great  compliment  to  Southern  merchants  to 
suppose  that  they  nave  traded  to  any  extent  with  the  enemies  of 
Southern  Institutions;  ami  if  they  have  not,  then,  it  is  clear,  that 
nearly  the  entire  debt  is  due  to  those  true  men  of  the  North, 
who  are  now  the  sheet-anchor  of  our  hope  to  over-awe  the  Abo- 
lition army,  that  would  invade,  to  coerce  at,  and  thus  involve  us 
in  an  unnatural  fratracida]  war. 

These  Northern  men  have  a  deep  merit  in  preserving  peace. 
They  are  men  of  Commerce ;  and  Commerce  never  fails  to  ele- 
vate the  mental  horizon,  and  expand  the  range  of  vision ;  it  is, 
and  ever  has  been  the  sworn  foe  of  bigotry  and  fanaticism. 
These  merchants  have  comprehended  our  constitutional  rights. 
■ml  acknowledged  and  defended  our  equality.  Ttaey  clearly  see 
the  priceless  value  of  our  productions,  and  stand  aghast  at  the 
reckless  folly  of  that  pestilent  set.  that  would  strike  down  the 
production  of  the  great  staple  upon  which  the  industry,  the  pros- 
perity, the  very  civilization  of  the  age  depends. 

Then,  sir.  for  years  these  merchants  have  carried  on  an  exten- 
sive and  lucrative  trade  with  the  Southern  people.  They  have 
found  our  people  honest,  liberal,  and  punctual ;  they  have  trusted 
our  merchants  up  to  the  very  hour  of  Secession,  relying  on  our 
spotless.  imcoiTiipted  integrity.  Then,  let  our  honor  be  sustained 
— let  these  debts  be  paid  to  the  last  farthing.  But  if  this  sub- 
stitute must  pass,  let  us  change  its  caption  to  "An  Ordinance  to 
concentrate  the  entire  North  against  the  State  of  Alabama."  This 
will  be  a  much  more  fitting  caption,  and  better  adapted  to  the 
practical  results  of  this  measure.  It,  is  also  unnecessary  and  pre- 
cipitate. By  the  Ordinance  of  Secession,  you  have  destroyed 
the  Federal  Courts,  and  the  foreign  creditor  will  be  driven  to 
seek  his  remedy  in  the  State  Courts.  It  is  now  certain  (and  I 
deeply  regret  it,)  that  the  present  Legislature  will  pass  some  sort 
of  Stay  Law,  by  which  the  collection  of  all  debts  will  be  delayed. 
Thus,  time  will  be  given  to  learn  the  policy  and  temper  of  the 
Northern  people  on  the  subject  of  coercion.  In  the  mean  time 
the  $11,000,000,  due  front  our  people  to  the  North  will  be  held 
as  a  hostage  for  peace.  This  is  certainly  a  wiser  course  than 
hasty  absolute  confiscation  as  proposed  by  the  amendment.  But 
honest,  prompt  payment  is  better  than   either. 

1  hope  the  Convention  will  place  the  seal  of  its  disapprobation 
both  on  the  Ordinance  and  amendment,  that,  standing,  as  per- 
haps we  do.  on  the  verge  of  a  great  revolution,  in  the  progress  of 
which  the  old  land-marks  of  truth  and  justice  may  be  lost  sight 
uf,  wii!l  not  at  the  outset  demoralize  our  people  by  the  perpetra- 
tion of  an  act,  which  public  necessity  does  not  demand,  and  sound 
morality  cannot  justify. 


THE  CONVENTION  OF  ALABAMA.  179 

Mr.  Smith,  of  Tuscaloosa,  said: 

Mr.  President — The  subject  ot'  confiscation,  as  presented  in 
this  Ordinance,  is  one  of  the  most  interesting,  as  it  is  one  of  the 
most  important  questions  that  will   come  before  this  Convention. 

The  deliberate  a*cf  of  confiscation,  by  the  war-making  power  of 
a  State,  is  regarded,  am'ongsl  civilized  nations,  as  equivalent  to  a 
declaration  of  war. 

It  is  not  the  custom  of  nations  to  confiscate  the  property  of 
any,  except  their  actual  enemies — enemies  in  war;  not  of  a  po- 
litical enemy  merely,  nor  of  one  that  may  hereafter  become  an 
enemy. 

Some  States,  of  a  tyrannical  power,  exercise  the  right  of  con- 
fiscating the  property  i^  their  own  citizens,  for  treasons  and 
other  offences;  but  the  Question  raised  here  lias  reference  only 
to  the  confiscation  of  the  property  of  the  State's  enemies. 

Sir.  I  maintain,  that,  in  a  bclligerant  sense,  we  have  no  enemies. 
And  1  Understand  it  to  be  the  desire  of  this  Convention  that  we 
should  not  so  govern  our  movements  here  as  to  create  enemies. 
As  I  deprecate  hostilities,  so  I  deprecate  any  action  whatever, 
upon  this  question,  at  this  time,  as  premature.  There  is  no  ne- 
cessity for  this  action  yet.  Do  youwish  to  provoke  retaliations? 
Set  the  example  here,  and  your  own  citizens  who  own  property 
at  the  North  will  lie  the  first  to  suffer;  for  m  matters  of  money 
And  property,  the  people  of  the  North  arc  amply  able  to  protect 
themselves;  and  they  arc  proverbially  as  keen  and  sagacious  in 
their  apprehensions  as  they  are  quick  in  the  exercise  of  their  re- 
sources. 

Mr.  Watts: 

If  the  gentleman  from  Tuscaloosa,  [Mr.  Smith,]  will  read  the 
Ordinance,  he  will  sec  that  he  docs  not  interpret  it  properly. 

Mr.  Smith  : 

The  language  of  the  Ordinance  is  not  as  distinct  as  is  stated  by 
the  gentleman  from  Montgomery,  [Mr.  Watts.]  There  will  be 
left  in  it.  an  open  question  for  the  Legislature.  The  Ordinance 
ought  not  to  carry  on  its  face  a  doubtful  meaning.  An  ingenious 
constructionist  could  strain  a  power  which  it  might  not  be  our  in- 
tention to  give.  At  the  proper  time,  in  order  to  restrict  the  power 
proposed  to  be  conferred,  I  will  offer  a  proviso,  "That  the  powers 
hereby  conferred   on   the    General    Assembly  shall   not  be  exer- 


]  v"  rOB)     KM'    DIBATK4    Of 

:  except  in  case  of  actual  war.  or  until  hostilities  shall  have 
been  commenced. 

The  gentleman  from  Lauderdale,  [Mr.  Jones]  has  the  true  con- 
ception of  this  subject  He  histoid  vim  tli;it  tlii>  confiscation 
would  reach  our  friends  first.  How  true  is  this;  let  us  pursue  this 
idea:  In  the  city  of  New  York,  in  the  late  election  for  President, 
uur  friend*  carried  the  polls  by  nearly  forty  thousand  votes!  In 
the  State  lit'  New  Fork,  in  tin-  same  election,  wo  were  defeated  by 
less  than  forty  thousand  majority.  We  have  in  the  State  of  New 
York,  «i  18.0UO  voting  friends — nearly  hull'  the  Stale — nearly 
enough  voting  friends  to  make  four  States  as  populous  :is  Alabama! 
Ami  it  should  not  lie  forgotten  that,  in  the  city  of  New  York, 
where  our  friends  are  forty  thousand  majority,  is  due  the  hulk  of 
the  Suuthcru  debt,  and  due  to  our  friends.  This  debt  might  he 
confiscated,  under  the  power  you  propose  to  confer  upon  the  Leg- 
islature, by  this  Ordinance. 

In  connection  with  the  idea  of  the  number  of  our  friends  in  New 
York,  1   will  refer  to  another  Subject:    A  lew  days  ago,  we  received 

a  communication  from  the  Governor  of  Alabama,  transmitting  to 
us  the  New  York  Resolutions,  in  which  the  Legislature  of  that 
State  had  offered  aid  to  the  General  Government  With  an  appro- 
priation of  10, 000,000  of  dollars,  for  the  unholy  purpose  of  co- 
ercing the  seceding  States.  I  was  not  surprised  at  the  feeling  »f 
indignation  that  seised  the  Convention,  when  the  subjeot  of  the 
Resolutions  was  disclosed.  1  was  not  surprised  that  the  reading 
of  the  execrable  document  was  brought  suddenly  to  a  dose,  and 
that  it  was  consigned  to  the  oblivion  of  silent  contempt.  No  man 
could  read  it  or  hear  it  read,  without  feeling  his  blood  burning  his 
veins.  Bat  notwithstanding  the  hostile  character  of  the  docu- 
ment; in  our  more  qutel  an  I  reflecting  moments,  we  cannot  forget 
that  those  Resolutions  expressed  but  the  opinions  of  a  dominant 
majority;  an  accidental  power,  which  in  a  Bingle  turn  of  the 
wheel  of  political  fortune,  might  be  hurled  from  its  position.  The 
triumph  of  party  is  transient.  There  is  no  stability  in  parties. 
There  is  no  tenure  so  uncertain  as  political  power.  Especially  is 
this  true  in  New  York.  Ten  years  of  its  history  will  show  as 
many  political  revolutions.  Yesterday  there  may  have  been  one 
hundred  thousand  marjority  one  way,  to-day  there  may  be  two 
hundred  thousand  majority  the  other  way.  And  I  verily  believe 
that  in  the  next  election,  the  revolution  which  is  uow  working  its 
rapid  wheels  in  that  State,  will  hurl  this  Black  Republican  party 
from  power;  and  the  same  voice  that  uttered  that  threatening 
proclamation,  will  assume  towards  the  South  the  gentler  tones  of 
friendship,   of  sympathy,   and,   if   need   be,  of   assistance.     Tho 


THE  CONVENTION  OF  ALABAMA.  181 

question  arises,  then,  shall  we  destroy  our  friends?  Shall  we  east 
off  those  whose  past  conduct  and  present  inclinations  evince  a  sin- 
cere regard  for  our  rights?  Iu  this  moment  of  indignant  excite- 
ment, let  us  not  depart  from  the  true  policy  pointed  out  by  enlight- 
ened deliberation. 

Sir,  in  every  act,  here  we  ought  to  look  towards  the  preserva- 
tion of  peace.  This  seems  to  be  the  inclination  of  many.  It  is 
my  intention  thus  to  act.  I  am  not  one  of  those  who  have  lost 
all  hope  of  a  restoration  of  our  relations  with  the  (Jeueral  Gov- 
ernment. 1  have  not  despaired  of  the  Republic.  I  trust  that,  in 
the  progress  of  a  peaceful  Revolution,  a  sense  of  duty  on  the  part 
of  our  political  enemies,  will  bring  them  to  the  footstool  of  jus- 
tice; and  that  they  will  there  yield  to  our  reasonable  demands.  I 
have  faith  in  this  Revolution.  For  the  first  time,  during  the  ex- 
istence of  the  Government,  the  North  is  reading  the  sad  lesson 
by  which  she  is  taught  practically,  how  much  she  depends  upon 
our  friendship,  and  how  much  she  lo.-es  by  the  withdrawal  of  our 
trade.  Trade  rules  the  World.  The  prince  merchant  and  the 
moulder  of  candles  alike  depend  upon  trade.  New  elections 
which  are  to  be  had  during  this  year,  will  present  a  great  change 
on  the  face  of  Northern  affairs.  I  cannot  say  that  L  believe  all 
will  be  made  right;  but  I  do  look  forward  with  the  fondest  hopes, 
that  the  day  is  not  far  when  upon  a  basis  perfectly  satisfactory  to 
the  South,  there  »my  be  a  Reconstruction  of  the  Government.  I 
pray  for  the  day  that  may  bring  with  it  a  redress  of  our  grievan- 
ce-; indemnity  for  the  past;  complete  and  unequivocal  guarantees 
for  the  future. 

Sir,  we  arc  in  no  condition  to  drive  away  our  friends.  We 
should  do  nothing  here  leading  to  hostilities.  We  shall  not  need 
to  invade  any  territory  We  will  defend  our  own.  In  times  of 
"pence,  we  may  prepare  for  war."  I  am  ready  to  do  this — this  is 
the  duty  of  every  people  who  wish  to  preserve  their  liberties.  I 
am  ready  to  vote  supplies  to  any  extent.  Rut  I  would  hold  the 
Olive  Branch  aboVe  the  Sword,  until  honor  and  safety  should  ad- 
vise the  sad  alternative  of  war. 

Mn.  <  i  akkk.  of  Marengo,  said  : 

From  tin- reading  of  tin-  Ordinance,  it  appear- that  we  but  con- 
fer a  power  on  the  Legislature  to  be'exefcised  hereafter,  only  in 
time  of  war.  I  can  see  nothing  objectionable  in  this.  The  sort 
of  confiscation  provided  for  in  the  Ordinance  is  authorized  by  the 
laws  of  nations,  and  generally  carried  oul  in  times  of  war.  The 
arguments  of  the  gentlemen  do  not  Peach  the  Reporl  and  ( >rdi- 


|82  UI8TORI     AND    DKIIATES    OF 

nance,  but  <'iii  f  the  power 

UlAV.  se  before  hostilities  are  commenced.     The  I 

islature  could  do  nothing,  under  this  Ordinance,  exccpi 
persons  whose  Government  might  bsal  war  with  us  at  the  timi 
the  exercise  of  this  power. 

I  do  not  adopl  ili«'  dug  ntlemcn  as  to  the  friendl) 

feelings  of  the  people  oftbe  North.  Gen.  Sanford  has  already 
tendered  his  services,  and  the  services  of  Regiments  of  men,  t<> 
the  Federal  Grovernment.  Hie  New  Vfork  Legislature  has  ap- 
propriated ten  millions  of  dollars  for  the  military  use  "t"  the  Gen- 
oral  Grovernment  !     God  save  ih  from  such  friends. 

That  the  Southern  debt  h  large,  need  nol  be  denied.     Then 
no  \\  isli  nor  intention  to  avoid  the  payment  of  this  debt.      Everj 
creditor  who  would  paj  without  1 1  »i -^  law  would  pay  with  it.     In 
actual  war  the  debt  would  necessarily  be  suspended  and  the  ereri- 
itor  dela)  ed. 

But   then  ia  another  view  vof  this  subject.     Gentlemen  wish  to 
rve  peace.     1  regard  this  as  a  peace  measure.     If  the  North 
cm  peopl  ttached  to  money  as  they  are  said  to  be,  ma) 

not  the  rery  ides  of  the  confiscation  of  this  debt,  as  a  necessan 
consequence  of  hostilities,  keepdow  a  war  .'    There  arc  more  wa)  b 
than  one  to  keep  pi  ace.     Harsh  rueaaun  -•  are  sometimes  ne<  i 
ry  to  keep  peace.     Peace  must  be  sometimes  conquered.     It  often 
requires  armies  moving  with  threatening  I  und  assuming 

hostile  attitod  T  peace.     Prospective  dangers  promote 

peai 

This  '  Ordinance,  if  adopted,  will  injure  no  man  ;  but  th 
will  be  reminded  b)  it  of  o,ne  of  the  ojire  consequences  of  war,  and 
this  ma)  have  its  effect  towards  the  preservation  of  peace. 

Mi;.  Lev 

The  chief  objection  to  this  Ordinance,  in  mj  mind,  is  thai  it 
i  to  the  Legislature  a  power  and  authority  which  ought  not  t<. 
be  held  by  anj  but  the  war-making  power.  The  power  to  con- 
fiscate property  is  an  incident  of  war.  The  Legislature  pf  the 
Stat.-  has  ao]  the  \\ ar-inak i i ilt  power.  I  am  disposed  to  give  it 
such  power  temporarily.  This  power  at  present,  s.i  for  as  Alabama 
is  oonceraed,  can  reside  no  w  here  except  in  this  ( invention.  'I  be 
Stato  have  surrendered  it  to  the  General  <  rovernment.  That  ( rov- 
ernment  lodged  it  and  restrained  it  in  the  Congress.  Wehavere- 
sumedit — but  we  havenot  yet  prescribed  the  odode  bj  which  it  is 
to  be  exercised. 

This  war-making  power,  If  the  expectations  of  the  people  should 


THE    CONVBTSTIOTT    OF    ALABAMA.  183 

be  realized,  will  be  lodged  in  its  appropriate  place — in  the  Con- 
gress of  the  Confederacy,  (or  whose  speedy  construction  we 
have  made  provision. 

Mr.  Morgan  said: 

This  matter  had  better  be  referred.  The  Ordinance  would  nec- 
essarily be  provisional  and  of  short  duration — and  it  ought  not  to 
be  allowed  to  interl'e  with  the  more  important  business,  the  amend- 
ments to  the  ( Constitution  of  the  State. 

The  question  being  on  Mr.  Lewis'  motion  to  re-commjtf  it  was 
tarried. 


SIXTEENTH  DAY-JANUARY  TWENTY-FOl  UTU. 

[IBCEPTION  OF   TIIL   CADETS  OF  THE   UNIVERSITY 
OF  ALABAMA. 

Mr.  Webb,  by  leave,  offered  the  following  preamble  and  reso- 
lutions : 

Whereas,  The  Corps  of  Cadets,  composed  of  the  students  of 
the   University  of  Alabama,  under  the  command  of  Col.   Hues, 

have,  by  authority  of  the  Governor,  presented  themselves  at  the 
Capital  of  the  State,  in  order  that  the  Representatives  of  the  peo- 
ple may  have  some  practical  knowledge  of  the  operations  and  et- 
of  the  Lav,-  of  the  last  Bessioo  of  the  Genera]  Assembly  of  the 
State,  establishing  a  Military  department  of  the  University,  and 
judge  of  the  future  usefulness  and  efficiency  of  the  corps,  in  the 
event  their  Ber Vices   should  he  needed  by  the  State; 

Resold  ,1,  jirsf,    That    a   Committee   of    Three    be   appointed   to 

act  in  concert  with  a  Joint  Committee  of  the  General  Assembly, 
to  make  such  arrangements  for  the  reception  of  the  Officers  ami 
Corps,  and  for  ascertaining,  in  such  mode  a~  they  deem  bi  st,  their 
nrogn  ss  in  military  knowledge. 

'.■  i ./,  second,  That  a  copy  oft!  lutions  be  presented, 

by  the  Secretary  of  the  Convention,  to  the  President  of  the  S 
and  Speaker  of  the  House  of  Representatives. 


184  HISTORY    ANii    DEBATES    "K 

The  resoluti  doj  ted  ;  and  the  President  appointed,  on 

the  Comu  i   the   part  of  the  Convention,  Messrs.   Webbi 

oa  mi  1  Shortridge. 

Message  from  the  Floose  of  Representatives,  delivered  by  8.  B 
Brewer,  Assistant  Clerk  of  the  House  of  l> 

EIOI  3E  O]    R]  PUESENTATn  I 

January  24,  1861.  j 

Mr.  I'i  ' .■  in''- nf — The  EIou8e  of  Representatives,  having  adopted 
a  similar  resolution  to  that  which  was  <•■  ntained  in  the  coin  muni* 
cation  froui  your  body  to  the  House,  relative  f"  the  Corps  "f  Ca- 
dets from  the  University  of  Alabama,  now  nreseut  ;it  the  Capital 
of  the  Stair,  request  me  to  communicate  to  your  body,  that  they 
have  appointed  Messrs.  Hale,  Tait  of  Wiluox,  and  I r by,  as  th« 
Committee,  on  the  part  of  the  House  of  Representatives,  to  make 
such  arrangements  for  the  reception  of  the  Corps  as  they  may  think 
proper.  S.  B   BREWER, 

Wist.  Clerk  I  louse  Rep. 

Tin  through    Mr.   Taul,  its  Secretary,  reported,   iq   i 

Message  to  the  Convention,  that  that  body  had  appointed  a  Com- 
mittee to  act  with  the  Committees  from  the  House  of  Representa- 
tives and  of  the  Contention,  for  the  purpose  of  making  arrange- 
ments for  the  reception  of  the  Corps  of  State  Cadets  under  the 
command  of  Col.  Hues,  Messrs.  Toulmin,  Mclutyre,  and  Japk- 
air  the  Committee  on  the  part  of  tbe  Benate. 


THE  NAVIGATION  OF  THE  MISSISSIPPI   RIVER; 

Mr.  JTancey  offered  a  resolution  in  reference  to  the  navigation 
of  the  Mississippi  river,  and  moved  its  adoption, 

Mb.  Yamiy  B&id  : 

That  the  resolution  offered  by  him  was  designed  to  meet  a  state 
of  public  opinion  in  1 1 » « *  North-Western  States,  which,  based  :i*  it 
was  upon  a  misrepresentation  us  tn  Southern  views,  is  to  be  re- 
gretted, aii'l  \i>  be  removed  if  possible. 


Till;    CONVENTION    OF    ALABAMA.  185 

We  have  a  \\'\x  intelligent  friends  in  the  North-West,  who  arc 
embarrassed  in  their  efforts  to  set  our  cause  in  a  proper  light  be- 
lbre  that  community,  by  this  very  question. 

I  have  not  the  least  doubt  that  it  has  never  been  intended  by 
any  of  the  seceding  States  to  shut  out  the  commerce  of  the  States 
lying  on  the  Mississippi  and  its  branches,  from  egress  through  the 
mouth  of  that  great  stream.  And  I  would  have  that  intention 
expressed  by  the  seceding  States. 

Some  restrictions  should  be  laid  upon  the  commerce  of  the 
States  of  the  Federal  Union  passing  over  t he  mouth  of  the  Missis- 
si|ii.  As  all  who  pass  over  it  have  the  benefit  of  lights  and  buoys, 
necessary  to  its  safe  navigation;  all  such  should,  of  course,  pay 
Bome  charge  necessary  to  an  equal  distribution  of  these  burthen.-. 

Our  peculiar  domestic  institutions,  too,  may  require  some  laws 
bo  be  observed  by  foreign  citizens  navigating  said  stream,  through 
the  seceding  States;  ami  the  resolution  provides  for  that  policy. 

I  believe,  Mr.  President,  that  the  policy  of  the  South,  of  the 
cotton-growing  States,  should  be  to  leave  Commerce  as  unrestricted 
us  possible,  having  reference  to  our  State  and  Federative  necessi- 
ties. "  Tree  Trade  "  should  be  our  motto;  and  as,  in  my  opinion. 
these  natural  and  commercial  affinities  between  the  South  and  the 
great  North-West,  however  unnaturally  disturbed  by  the  preval- 
i  nee  of  certain  fanatical  ideas  there  prominent,  I  believe  that  it 
Would  be  wise  for  the  South  to  combat  tl  e  fanaticism  of  the  North- 
West  with  the  more  enlarged,  aud  enlightened  and  friendly  com- 
mercial policy  indicated  in  my  resolution. 

Offered  in  a  spirit  of  comity,  1  have  no  <loubt  that  the  people  of 
Louisiana  an  1  Mississippi  will  look  upon  the  resolution  as  one  in 
which  all  their  seceding  sisters  arc  interested. 

Mr.  Dowdell  offered  the  following,  as  a  substitute  for  Mr.  Yan- 
cey's resolution  : 

/.'■  •'*■  '.  That  it  is  the  opinion  of  this  Convention  that  the 
navigation  of  the  Mississippi  river  should  remain  free  to  the  States 
and  Territories  lying  upon  it  and  its  tributaries;  and  no  further 
obstruction  to  the  enjoyment  of  tlii>  privilege  should  be  offered  ex- 
cept for  purposes  of  protection  against  a  belligerent  anil  an  un- 
frieodly  people;  laying  such  tonnage  duties  as  may  be  necessary, 
to  keep  open  and  make  -,!.■  t!i"  navigation  of  the  mouth  of  said 
liver. 

Mr.  Smith,  of  Tuscaloosa,  moved  to  lay  both  the  resolutions  on 
the  table,  ami  print  them,  and  that  they  lie  made  the  special  order 
for  Saturday,  26th  January.      Lost. 
13 


E08T0B1  OF 

SMITH,  of  Tuscaloosa,  said  : 

■esolutlOD  many  intcn  > t i 1 1  ;_r   and    important    <|Ucs- 

[  am  oot  unfriendly  to  an  expression  of  opinion  on  this 
■abject     On  the  contrary,  I  think  it  eminently  proper  that  tin  re 

■ih<  uhl  he  some  action  had  upon  it.     15ut  it  will  1  1.  in 

looking  around   the    Hall,  that    there    il    hardly   a   qnomm   of  the 
tin  •.  ■  lit  :   and  it  is  now  within  lil'te.  n  niinutt  B  of  the  time 

of  our  regular  adjournment.     This  is  doubtless  the  reason  wh 
•nany  members  arc  absent.     1  suggest  the  propriety,  and  I  appeal 
o  the  gentleman  from  Montgomery  [Mr.   Yancey],  that  a  voee 
upon  the  Resolutions  be  delayed  until  tomorrow  :  and  if  it  be  agree 
tide,  1  move  to  make  this  proposition  the  special  order  of  the 
for  to-morrow,  at  12  o'clock. 

[Objections  were  made]. 

Mb.  Smith — I  am  determined, ia  justice  to  the  absent  mem- 

.  that  the  vote  shall  not  he  taken  imw.      (i<  ntlenien  know  very 
.veil  that,  by  parliamentary  strategy,  a  vote  may  he  easily  pre 

bed.  This  course  would  be  perfectly  legitimate  now.  Still  1 
would  rather  not  resort  to  it,  and  I  again  request  that  the  question 
t»c  delayed  by  consent;  or  1  shall  feel  it  my  duty  to  move  a  call 
of  the  ('invention,  in  order  that  the  absent  members  (nearly  half 
of  this  body),  may  have  an  opportunity  of  recording  their  \ 
iikI  of  expressing  their  views  on  the  Resolutions.  The  gentleman 
|  Mr.  Yancey.  |  has  urged,  in  his  argument,  the  vast  importance  of 

the  subject,  and  has  even  referred  to   the   war  aspect   of  the  ques- 

lion.      \   d. -ire  to  cultivate  peaceful  relations  with  the  North- 

most  laudable;    and  tin    main  difference  between  my 

iews  and  those  of  the  mover  of  the  lie  solution-.  I  appn  loud,  will 

.-,  that   1  am  in  favor,  at  this  time,  of  going  much  farther,  and  id' 

declaring  that  no  obstruction  whatever  Bhould  be  thrown  in  the 

of  the  free  navigation  of  the  Mississippi  river,  so  far  as  the 

States  are  concerned. 

liut  I  will  not  now  make  an  argument ;  ami  as  the  gentlemau 
hccms  determined  on  having  an  immediate  vote,  in    order  to   pre 
that,  I  move  that  the  Convention   adjourn,  and   call  the  ayes 
i rid   noes. 

The  motion  to  adjourn  was  lost. 

The  question  being  on  the  adoption  of  the  substitute,  the  syes 
nid  noes  were  demanded;  and  pending  the  call,  the  hour  of  I 

o'clock  arrived,  and  under  the  rule  the  Convention  stood  adjourned 
jntil  10  o'clock  A.  M..  to-morrow. 


THE    CONVENTION    OP    ALABAMA.  187 

SEVENTEENTH  DAY-JANUARY  TWENTY-FIFTH. 

RECEfPTION  OF  THE  CORPS  OF  CADETS  OFTIIK 
UNIVERSITY. 

Ma.  Webb,  by  leave,  made  a  Report  from  the  Joint  Committee 
of  the  Convention  and  General  Assembly,  of  the  programme  of  re- 
ception of  the  corps  of  Cadets. 

The  Joint  Committee  of  the  Convention  and  General  Assembly, 
beg  leave  to  report  that  they  have  waited  upon  the  Officers  and 
Corps  of  Cadets  of  the  University  of  Alabama,  now  on  a  visit  to 
the  Capitol,  and  report  the  following  arrangements  for  their  re- 
ception : 

The  Convention,  General  Assembly,  Governor  and  other  Officers 
of  State,  will  receive  the  Alabama  Corps  of  Cadets  in  front  of  the 
Capitol  to-day  at  12  M.,  when  an  address  will  be  delivered  by  the 
Speaker  of  the  House  of  Representatives,  and  replies  by  the  Offi- 
cers of  the  Corps.  After  which  the  Corps  will  be  Reviewed  by  the 
Governor,  and  the  presiding  officers  of  the  Convention  and  General 
Assembly;  and  a  Companv  or  Battalion  Drill  will  be  hud. 

J.  1).  WEBB, 
Chairman  of  Committee. 


NAVIGATION  OF  THE  MISSISSI1TI  RIVER. 

The  Convention  proceeded  with  the  business  under  consideration 
when  it  adjourned  yesterday,  which  was  Mr.  Yancey's  resolution, 
with  pending  amendment,  upon  the  subject  of  the  Navigation  of 
the  Mississippi. 

Mb.  Smith,  of  Tuscaloosa,  offered  the  following  substitute. 
coupled  with  a  motion  to  postpone  : 

'ved,  That  in  the  opinion  of  this  Convention  the  Naviga- 
tion of  all  tht  Riven  within  the  lifadtt  of  the  United  Sf'i/<<.  a.<  tht 
Union  Iniili/  existed,  ought  to  be.  and  remain  open  and  free  to  the 
citizens  of  ail  the  Stati  I  which  composed  the  Fnion. 

Resolved,  That  in  the  opinion  of  this  Convention,  the  system  oi 

Free  Tradi ,  aa  it  existed  between  tho  said  States  before  the  disso- 
lution of  the  Union,  be  and  remain  ns  it  was  before  the  dissolution. 


IRS  HISTi'KY     AND    DEBATES    Of 

MR.    V.W  t.Y  said  : 

That  lie  oould  nnt  vote  for  the  nioticii),  though  desirous  of  yield- 
id-  :,!l  proper  courtesy  to  the  peptleman  from  Tuscaloosa,  fMr. 
Smith,]  For  the  reason,  thai  it  in  some  measure  undermined  the 
Ordinance  of  Secession.  Thai  Ordinance  separates  us,  root  and 
branch,  from  tin-  late  Federal  Union.  The  resolution  of  the  ■_■  u 
tlrinaii  froui  Tuscaloosa,  [Mr.  Smith,]  reconstructs  the  most  mate- 
terial  eh  orients  < » 1  *  the  late  Union  into  a  Commercial  Union.  We 
all  know  that  the  Articles  of  Confederation  were  Bet  aside,  simply 
because  each  State  could  obstruct  as  it  pleased  commercial  rela- 
tions wi'li  its  si>ter  States.  'Hi''  Union  had  it-  birth  in  that  dif- 
ficulty, and  was  based  very  largely  upon  its  adjustment  The  reso- 
lution, then,  of  the  -lent It-man  from  Tuscaloosa,  calls  upon  this 
bodj  to  recede,  and  adopt  the  fundamental  policy  upon  which  the 
late  Union  was  based,  and  give  to  the  Commerce  of  Maim-  and 
Massachusetts  the  same  privilege  upon  our  navigating  rivers,  as 
the  eitizens  of  the  seceding  States  possess, 

'I  be  policy  is  broad,  comprehensive,  profound,  ami  its  effects 
wuuht  he  a  discrimination  in  fetor  of  New  England  Commerce 
again  tit  Kuropean  Commerce.  It  would  effect  extensive  privili 
in  favor  of  'he  eitizens  of  States  now  using  every  effort  tu  subdue 
us.  against  a  Commerce  that  seeks  our  shares  upon  liberal  and  pa- 
cific pi  inciples. 

1   move  to  lay  tin'  substitute  on  the  table.    This  motion  prevailed. 

The  President  announced  the  next  question  to  he,  on  Mr.  Dow- 

dell's  amendment,  and  Mr.  Yaiice\   accepted  it. 

Mi:.  Yam  kv's  original  resolution  as  amended,  reads  thus: 

\Vii!i:i..\s,  The  Navigation  of  the  Mississippi  River  is  a  ques- 
tion in  which  several  Northern  Slates  and  Southern  States,  yel  in 

the  Federal  Union,  are  <h  sply  interested  : 

An  I  whereas,  the  | pie  of  the  State  of  Louisiana  are  about  to 

consider  of  the   propriety    of  seceding  from  said  Union;     And 
■he  Mouth  of  said  River  is  within  the  boundaries  of  said 

Slate  ; 

And  whereas,  this  is  a  subject    which    will  properly  come  under 
the  consideration  of  the  Convention  of  seceding  States  to  meet  on 

til''    Jl  li  d  i\   of  I'ehl  UalV  ; 

lie  ii  UcM.lved,  'I  hat  it  is  the  deliberate  sense  of  this  Conven- 

thui  ih.   Navigation  of  the  Mississippi  River,  to^the  people  of 

tin  States  ami  Territories  of  the  Federal   Union,  residing  upon  it 

nn      •    -i  '  til    ries    xhould  remain  free, aud  no  restriction  upon  the 


THE  CONVENTION  OK  ALABAMA.  18U 

privilege  should  be  made,  further  than  the  tonnage  duties,  to  keep 
open  and  make  safe  the  navigation  of  the  mouth  of  said  River,  and 
for  purposes  of  protection  against  a  beligerent  and  unfriendly 
people. 

The  question  being  now  upon  the  adoption  of  the  resolution   as 
amended,  it  was  adopted. 


REVIEW  OF  CADETS. 

Mr.  IRBY,  from  the  House  of  Representatives,  announced  to  the 
Convention  that  the  House  was  ready  to  attend  to  the  reception  of 
the  Cadets. 

The  Convention  thereupon  took  a  recess,  and  repaired  to  the 
front  steps  of  the  Capitol,  and  assisted  in  the  demonstration  ac- 
cording to  the  programme  announced  by  the  Joint  Committee. 

This  Corps  of  Cadets  of  Alabama,  a  fine  body  of  young  men, 
numbering  about  125,  under  command  of  Col.  Hues,  the  accom- 
plished Military  Commandant,  and  Dr.  L.  C  Garland,  the  Presi- 
dent and  Superintendent,  were  thus  complimented  with  a  public 
reception  by  the  two  Houses  of  the  Legislature  of  Alabama,  and 
the  Convention.  After  going  through  an  admirable  drill  00  the 
Capitol  grounds,  the  Corps  was  Reviewed  by  Gov.  MoORE,  and  an 
address  was  made  to  them  in  behalf  of  the  two  public  bodies  by 
Hon.  A..  1>.  MEEK,  Speaker  of  the  House  of  Representatives.  To 
this,  responses  were  made  by  Col.  Hues  and  l>r.  Gakuanp.  The 
scene,  altogether,  was  a  highly  interesting  one,  and  indicative  of 
the  spirit  of  the  times. 

This  Reception  was  followed  by  a  Complimentary  Ball  to 
the  Cadet-,  _-ivcn  by  the  citizens  of  Montgomery. 

The  friends  of  the  State  and  of  the  University  had  greal 
to  congratulate  themselves  on  the  handsome  appearance  and  the 
admirable  demeanor  of  the  young  gentlemen  composing  this  Corps, 
during  their  stay  at  the  Capitol. 


\ll»  TO  Tin:  SECEDING  STATES  AGAINST  COERCION. 

Mb.  Cm. i. man  called  up  his  resolution  offered  heretofore  on  the 
12th  January,  1861,  aa  follows  : 


!!>0  HISTORY     AND    DEllATES    OF 

"  /,'.  >■■./.-. ./.  By  the  people  of  Alabama  in  Convention  assembled, 
that  they  pledge  the  power  of  this  State,  to  aid  in  resisting  any 
attempt  upon  the  j.:ir  t  of  the  Government  of  the  United  States  ■•! 
knv  riea,  to  invade  of  coerce  any  of  the  seceding  St  it 

Mi:    Baki  a,  of  Barbour,  offered  to  amend  by  inser  ting  after  the 
word  "seceding"  and  before  the  word  "  8tates,"  the  word  sla 
holding,  which  was  aeoepb  d, 

Mr.  Com  Alt  offered  to  amend  bj  adding  the  following:  Pro 
tided  such  Becedin  3l  or  Si  -.arc  not  averse  to  entering 
into  a  Southern  Confederacy,  based  upon  the  principles  of  the 
Federal  Constitution. 

Ma,  Dowdkll  moved  to  strike  out  Mr.  Baker's  amendment,  to- 
wit :   the  word  ••  shareholding.*1 

Mu.  Dowobll  said  : 

I  have  made  the  motion  t"  strike  out  the  words  indicated  not 
without  consideration.  Tin.-  resolutions  as  originally  introduced 
meet  my  approbation.  As  the  meat  right  of  a  sovereign  State  bo 
resume  her  d<  legated  powers  for  reasons  satisfactory  to  herself  and 
for  purposes  oi  safety  and  liberty,  has  been  asserted,  I  Bee  no  ron- 
ton why  Bhonld  withheld  her  sympathy  or  her  power,  il  neoessary, 
to  aid  in  the  vindication  of  that  right,  any  other  sister  State.  To 
much  said  by  my  eloquent  friend  from  Barbour,  [Mr.  Baker,]  I 
give  my  hearty  concurrence.  Ami  yel  \  think  his  opposition  to 
the  motion  which  1  have  made,  limits  the  very  principle  for  which 
1  am  contending,  and  d<  feats  the  policy  which  be  himself  designs 
to  promote.  11<-  is  willing  to  pledjgo  the  power  and  resources 
Alabama  to  aid  any  Blaveholding  State  taking  a  similar  position  of 
independence.  1  go  with  him  in  that  And  I  go  one  step  further. 
It  is  not  possible  that  any  hostile  State  bent  on  coercion,  through 
the  agenoy  of  the  Federal  Government,  will  secede  from  the  Fed- 
eral I'nion.  liut  it  is  possible.  I  hope  probable  that  s  me  of  the 
western  and  north-western  States  will  oppose  coercion.  They  are 
unit.d  to  the  South  by  Btrong  natural  ties — a  link  Btronger  than 
hi  iki  of  tee!  binds  them  together.  The  great  Mississippi  River 
insure  friendly  feeling  between  those  who  occupy  its  mouth  and 
those  reside  npon  its  head  waters  and  its  tributaries.     Suppose  now 

the  populous  North  should  make  war  upon  us  for  purposes  of  OOn- 

queet  or  subjugation — we  arc  few  in  number — wc  have  aggressed 
upon  nobody — wc  havr>  not  wronged  them — we  ask  simply  to  be 


THE  CONVENTION  OF  ALABAMA.  191 

let  alone — we  have  dealt  justly  by  them — we  propose  nothing  but 
what  is  just  and  right — we  fight  on  the  defensive,  to  preserve  in- 
tact our  altars  and  firesides.  Arc  we  not  in  a  condition  to  chal- 
lenge the  admiration  of  mankind,  and  to  claim  and  receive  the 
sympathies  of  the  good  and  pure  all  over  the  world  ?  In  this 
state  of  affairs,  when  Alabama  shall  be  struggling  manfully,  pa- 
triotically, for  the  dear  bought  inheritance  of  their  fathers,  some 
one  of  the  great  States  of  the  north-west,  following  the  example 
of  a  patriotic  Senator  of  that  section,  [Mr.  Pugh,]  who  stood  up 
manfully  for  State  Rights  and  Southern  Rights  against  the  preju- 
dices of  the  North,  throws  herself  in  the  breach — stems  the  tide 
of  tyranuy  and  arrests  the  march  of  fanaticism — shall  we  withhold 
the  power  of  Alabama  from  her  assistance  when  the  enemy  shall 
have  turned  upon  such  an  ally  P  Shall  we  not  rather  pledge  all 
that  we  have  and  arc  to  her  support?  Would  not  our  sympathies 
gather  around  her — her  success  become  our  success — her  defeat 
our  defeat '!  And  would  not  our  gallant  sons  rush  to  the  rescue 
of  her  sons  thus  struggling  in  our  own  behalf  against  a  common 
enemy  ?  Who  doubts  it '(  Then  if  we  say  anything  about 
pledging  our  assistance,  let  us  say  all  that  our  hearts  approve, 
and  our  actions  will  vindicate  when  the  time  comes.  Let  us  not 
limit  the  principle,  but  assert  it  fully,  as  we  doubtless  mean  its 
application.  In  this  great  controversy  of  State  independence 
against  Federal  tyranny,  the  friends  of  States  rights  are  our  friends, 
and  we  are  and  shall  be  their  friends.  Kelying  confidently  upon 
the  strength  of  our  cause,  and  the  ability  of  our  own  sons  to  main 
tain  our  own  independence,  we  shall  not  and  ought  not  to  with 
hold  our  aid  from  an  ally  in  the  same  cause,  and  reject  cooperation 
come  from  quarter  it  may.  For  these  reasons  I  have  made  the 
motion  to  strike  the  words  indicated  from  the  resolutions,  so  as  to 
leave  them  as  first  introduced,  susceptible  of  the  largest  application 
of  the  principle  set  forth. 

Mu.  ( 'hook  said: 

1//-.  President — It  does  appear  to  me,  that  the  debate  on  the 
■lution  offered  by  the  gentleman  from  Sumter,  when  we  takt 
nto  consideration  their  plain,  positive  and  unmistakable  character, 
baa  assumed  a  very  wide  range,  and  one  not  likely  to  bring  about 
such  an  expression  of  Opinion  with  that  promptness  and  dispatch 
which  is  desirable  to  me,  and  which  the  protracted  session  of  thif 
Convention,  in  my  opinion,  justly  demands.  Why,  sir,  this  Hod] 
has  been  near  three  weeks  in  session,  and  ha^  had  under  consider 
ation  the  mo.-t   important   subjects  ever  entertained   by  a  delibcra 


192  HISTORY     AX!)     DEBATES     <.K 

live  assembly;  subjects  vitally  affecting  tin-  rights  and  hberti* 
the  Republic.     How  important,  tlicn.  that  these  useless  debatee 
should  cease,  and  that  \vc  should   engage   in  the  discharge  of  our 
timate  duties.  So  far  as  the  amendment  of  the  gentleman  from 

Harbour  is  concerned,  it  is  not  needed  to  give   expression  to  the 
?iews  entertained   by  the  people  of  the   State  of  Alabama;  for,  if 
I  understand  the  object  of  the  Resolution,  it  is  to  v.\ve  an  ex] 
aion  of*  our  views  on  the  great  principle  of  State  sovereignty,  by  a 
pledge  of  our  sympathy  and  material  support  to  all  such  States  as 
now  have  assumed,  or   in;iy  assume  to  act  for  themselves,  as  the 
Republic    of    Alabama    has    done.       The    principle    is    the    same 
vhether  the  act  be  the  act  of  a  Slstcholding  or  a  non-Slavchold- 
ing  State.     True,  a  similarity  of  int.  rests  and   institutions   might 
justify  a  more  determined  support  to  the  action  of  the  one  than  of 
'.he  other;  jet  the  greet  principle  of  human   rights  would  he  in- 
volved alike  in  both;   hence  1  look    upon   the  amendment  as   un- 
called for  at  this  time,  and  believe,  under  all  the  attendant  circum- 
stances, it  would  have  been  better  to  have  ado], ted  the    Resolution 
ii  its  original  form.      My  opinion,   then,    is   that    the   amendment 
is  objectionable  alone,  on  the  ground  that  i*.  was,  and  is  unneces- 
sary to  a  just  expression  of  the  views  of  this  Rody  on  the  subject 
natter  under  consideration.      Rut,   sir,  to   the   amendment   id'  the 
gentleman  from  Limestone,  I  have  insuperable  objections.      What 
does  he  propose?     If  my  understanding  i-^  correct,  he  proposes  to 
sacrifice  Principle   upon   the   altar   of  Interest.      lie    proposes  aid 
and  comfort,  not  to  all  of  those  States  occupying  the  position  now 
occupied  by  our  own  beloved  Alabama — reiving  upon   the  God  of 
oattles,  and  the  brave  hearts,  and  strong  arms  of  her  fondly  cber- 
ihed  sons,  lor  support  in  this  her  time  of  trial — but  inserts  a  pro- 
ision  requiring  a  sovereign  power  to  perform  certain  acts,  amongst 
which. is  that  of  joining  a  Southern  Confederacy,  before  we  will 
give  them  that  aid  which  a    kindred   act   entitles   them    to   expect 
Q  all    those   engaged    in  the    same    holy  cause.       If  a    State   has 
the  right  to  secede,  which  is  no  longer  a  qu<  stion  in  Alabama,  she 
:heu  has  a  right  to  set  up  for  herself,  independent  of  all  the  pow- 
ers of  the  world.      And  whether  lor  decision  be  to  remain  a  sepa- 
rate power,  or  unite  her  destinies  with  other  States  in  a  Southern 
Confederacy,  is  a  matter  proper  for  the  decision  of  her  own   peo- 
ple without  regard  to  what   may,  or  may  not,  be   the  views   and 
opinions  of  others.     1  contend,  sir,  that  there  is  a  great  principle 
nvolved  in  the  decision  of  this  question.      So  well  am    1    satisfied 
hat  the  great  question  of  independent  State  action  is  involved  in 
this  decision,  that  I  shall  most  assuredly  record  my  vote  against 
the    Resolutions,    though   fully  approved  by  me   in   its    original 
shape,  if  this  amendment  shall  be  engrafted  on  it.  With  due  respect 


THE    CONVENTION    OF    ALABAMA.  11>.': 

for  the  opinions  of  the  gentleman  from  Limestone  [Mr.  Coman]. 
which  induced  him  to  offer  the  amendment,  I  would  ask  him  H 
withdraw  it.  It  can  do  no  possible  good;  aud,  with  a  little  re- 
flection. I  feel  satisfied  that  he  must  conic  to  the  conclusion  that 
it  conflicts  with  both  the  views  and  nets  of  a  majority  of  this 
Body.  Now,  sir,  in  order  to  put  a  stop  to  this  protracted  debate. 
so  that  the  Convention  may  prooeed  with  business  now  requiring 
action,  I  move  to  lay  the  amendments  on  the  table. 

Mr.  Bulges  said  : 

Mr.  President — I  appeal  to  the  gentleman  from  Calhoun,  [Mr. 
Crook,]  to  withdraw  his  motion  to  lay  the  amendment  on  the  ta- 
ble for  one  moment,  to  allow  me  to  explain  the  course  that  I  feel 
it  my  duty  to  pursue,  on  the  subject  now  under  consideration. 
[The  motion  to  lay  on  the  table  being  withdrawn,  Mr.  BuLOJBH 
continued  :]  Mr.  President — The  position  that  I  occupy  in  this 
Convention,  renders  it  necessary  for  me  to  explain  the  reasons 
that  induce  mc  to  give  the  vote  that  I  will  give  on  the  subject  now 
pending.  Sir,  1  regret  that  the  Resolutions  were  introduced,  be- 
cause they  are  but  a  reiteration  of  declarations  already  made  by 
the  Convention,  by  which  every  member  upon  this  floor,  and  every 
loyal  citizeu  of  the  State  of  Alabama,  is  bound,  and  for  the  main- 
tainance  of  which  all  that  we  have,  and  all  that  we  are,  is  pledged. 
Hut  as  they  arc  here,  they  must  be  disposed  of,  I  am  not  entirely 
satisfied  with  the  Resolution  as  introduced,  hence  I  will  vote  for 
the  amendment  offered  by  the  gentleman  from  Barbour  [Mr.  Ba- 
ker], which  proposes  to  strike  out  Southern  States,  because  1 
am  unwilling  to  withhold  our  friendly  greetings  from  any  ot  the 
border  Free  States  that  may  desire  to  secede  and  join  us  in  an  in- 
dependent Confederation.  But  this  amendment  adopted,  and  it 
is  thought  the  Resolutions  are  too  broad,  and  the  gentleman  fiom 
Limestone,  [Mr.  Coman,]  offers  a  prooisot  which  restricts  our  en- 
couragement tn  States  seceding  with  the  intention  of  joining  with 
us  in  ;i  Government.  This  amendment  the  gentleman  from  Mo 
bile,  [Mr.  Dargan,]  opposes,  lie  says,  because  if  New  Hampshire 
and  Maine  were  to  secede,  they  would  be  entitled  to  our  sympathy 
and  our  respect.  In  this  I  disagree  with  the  gentleman.  Sup- 
pose, sir,  \  i  rmont  and  Massachusetts  were  to  secede  from  the 
I'liiim  because  the  General  Government  concedes  to  the  Southern 
Slaveholding  States  their  just  and  constitutional  rights;  then 
would  the  gentleman  say  those  States,  seceding  for  this  cause, 
would  be  entitled  to  our  support  in  resisting  coercion  or  invasion  'I 
1  tuppo.se  not. 

13* 


I'M  B1ST0KT    AMi    DEBATES    or 

Tin  it  lei  na  say  what  we  mean — let  u.<  ml< >j »t  both  the  amend- 
ment of  the  gentleman  from  Barbour,  and  the  provito  offered  by 
the  gentleman  from  Limestone,  and  then  adopt  the  Resolution. 
Then  we  pledge  all  the  resources  of  the  State  bo  the  support  of 
such  States  as  have,  or  may  hereafter  secede,  with  an  intention  of 
joining  with  us  in  a  common  Government,  whether  it  be  South 
Carolina,  Texas,  Indiana,  Ohio  or  Pennsylvania,  and  withhold  all 
encouragement  from  States  that  may  secede  for  other  and  different 
purposes,  whether  they  be  Slave  ox  Free.  For  these  reasons,  sir. 
I  will  vote  first  for  the  amendment  offered  by  the  gentleman  i'rom 
Barbour,  and  if  that  be  adopted,  I  will  then  vote  For  the  provUo 
offered  by  the  gentleman  from  Limestone,  and  if  that   is  adopted, 

will  vote  most  Cheerfully  for  the  Resolution  thus  amended;  but 
otherwise,  I  will  vote  against  it. 

After  some  further  discussion,  the  Resolution  was  passed  over 
without  a  final  vote. 


DEBATE  ON   THE   RE-OPENING    OF    THE    AFRICAN 
SLAVE  TRADE. 

Special  order  under  consideration  again, 

The  question  was  upon  concurring  in  the  Substitue  of  tl  e 
Committee  proposing  it  for  the  original  of  Mr.  Posey,  which  had 
been  referred  to  them. 

Mb.  POSEY  offered  an  amendment  : 

Amend  the  second  Resolution  by  adding  to  the  same  the  words, 
•■  not  below  the  grade  of  felony ." 

Mb.  Jones,  of  Lauderdale,  offered  the  following  as  an  amend- 
ment : 

Resolved,  That  it  is  the  will  of  the  people  of  Alabama,  that  the 
Deputies  elected  by  this  Convention  to  the  Southern  Convention, 
to  meet  in  the  city  of  Montgomery,  on  the  fourth  day  of  February 
Ti-xt,  to  form  a  Southern  Republic,  be,  and  they  arc  hereby  iu- 
fcruoted  to  insist  upon  the  enactment,  by  said  Convention,  of 
.UOh  restrictions  as  will  effectually  prohibit  the  importation  of 
slaves  into  such  Republic,  from  any  other  place  or  country,  other 
than  the  slaveholder  States  of  the  late  United  States  of  America. 


THK  CONVENTION  OK  ALABAMA.  105 

Mb.  Yancey  raised  ;i  point  of  order,  and  stated  it  thus: 

The  amendment  is  incongruous,  because  the  subject  matter 
reported  by  the  Committee  is  an  Ordinance  to  be  the  supreme 
law  of  the  lartd.     The  amendment  i>  a  Resolution  of  instructions. 

The  point  of  order  was  sustained. 

Mb.  Jones,  of  Lauderdale,  offered  his  Resolutions  as  u  substi- 
tute for  the  Ordinance  reported. 

Mu.  Morgan  offered  the  following  Preamble  as  ;i  preface  to 
Mi-.  Jones'  substitute : 

••  Whereas,  the  people  <>t'  Alabama  arc  opposed, oh  the  ground 

■  >t'  public  policy,  to  the  reopening  of  the  African  Slave  Trade" — 

which  was  accepted. 

The  question  was  on  tin-  adoption  of  the  substitute  proposed 
by  Mr.  Jones,  of  Lauderdale. 

Mb.  Morgan  said  : 

Mr.  President — Before  giving  expression  to  my  opinion  on 
the  Report  of  the  Committee,  and   the  Ordinance  proposed  for 

our  adoption,  I  desire  to  state  distinctly  that  I  am  opposed,  on 
grounds  "1'  public  policy,  to  the  opening  of  the  African   Slave 

Trade.      I  ( line  my  opposition  to  this  traffic  to  the  only  tenable 

ground  upon  which  it  can  be  placed  by  any  statesman,  who  lias 
a  .respect  for  the  wise  economy  displayed  in  the  differenl  apti- 
tudes of  the  several  races  of  mankind,  for  the  different  labors 
med  to  the  human  family.  I  confine  my  opposition  to  this 
traffic  to  grounds  of  public  policy  ;  because,  if  1  were  to  feel  at 
liberty  t"  carry  out.  my  convictions  of  what  a  pure  Christian 
philanthrophy  requires  at  the  hands  of  this  generation — if  I 
eon  Id  consent  to  commit  the  State-to  the  active  work  of  t  Christian 
evangelization — 1  should  pledge  all  its  powers  to  goto  Africa 
ami  to  bring  over  ship  loads  of  poor,  savage  slaves  to  a  country 
where  the\  could  be  raised  to  the  condition  of  Christian  si  i 
which  is  the  highest   point  that  the  negro  :  reach,  consist- 

ently with  Divine  Law.  and  with  their  mental  and  physical  or- 
ganization. It  is  impossible  that  I  can  give  a  vote  on  this  question 
which  will  hereafter  be  the  subject  of  doubt  with  those  who 
choose  to  know  the  Lrr<>nud<  of  my  action.      We   have   lonff   been 


196  HISTORY     AND    DEfiATES     OF 

led  throughoul  those  nations  who  claim  that  they  arc  enlight- 
ened and  Christianized,  as  guilty  parties  to  a  barbarous  code  of 
slave  laws,  and  to  an  inhuman  traffic  in  lniinan  flesh. 

It  may  bo  accounted  a  singular  circumstance  thai  the  seven 
millions  of  the  South,  and  some  millions  of  the  North,  are  so 
blinded  to  the  great  sin  charged  upon  us,  that  we  arc  all  unable 
to  perceive  the  wYong,  or  unwilling  to  cease  to  do  evil.  Bo 
main  people  have  rarely  been  so  undivided  in  a  course  which  is 
even  the  subject  of  serious  dispute.  Hut  1  will  not  stop  to  make 
a  defence  here  of  a  right  and  a  duty  which  has  just  led  us  t" 
record  the  most  solemn  and  portentous  decree  ever  adopted  by 
the  State.  The  Ordinance  of  Secession  rests,  in  a  great  measure. 
upon  our  assertion  of  a  righl  to  enslave  the  African  race,  or, 
what  amounts  to  the  same  thing,  to  hold  them  in  slavery.  The 
mosl  fatal  and  scandalous  declaration  ever  made  by  the  late  Fed- 
eral Government  against  the  people  of  the  Smith,  as  it  has  affect- 
ed our  standing  amongst  the  nations  of  the  earth,  especially 
those  who  are  strangers  to  our  social  organization,  is  contained 
in  those  acts  of  Congress  which  denounce  the  African  Slave 
Trade  as  piracy — a  declaration  at  once  degrading  to  every  slave- 
holder, and  a  living  rebuke  to  the  Federal  Constitution,  which 
expressly  prohibited  the  suppression  of  the  trade  prior  to  the 
year  1808.  From  this  source,  many  arguments  have  been  ad- 
duced against  the  inter-State  Slave  Trade,  in  the  late  Union,  by 
the  people  on  this  continent  and  abroad,  and  tins  not  without  a 
strong  show  of 'plausibility.  The  traductions  embodied  in  the 
terrible  word  "  piracy,"  have  been  wrought  into  every  shape,  and 
pointed  with  every  sting  with  which  to  torture  and  malign  the 
South.  The  laws  of  Congress, sustained  by  the  South  for  reasons 
of  public  policy,  but, repudiated  and  despised  for  the  calumny 
couched  in  the  word  piracy,  have  been  a  constant  sin  ltd'  to  all 
those  who  have  assailed  us,  whether  upon  religious  or  political 
grounds.  We  are  now  i'rrr  from  those  laws,  and  the  question  is, 
whether.  \<\  attempting  to  ihr  the  country  from  a  dangerous  and 
exciting  topic,  we  shall  still  continue  liable  to  the  imputation  of 
being  pirates,  or  to  any  possible  inference  thai  one  course  of 
action  is  predicated  on  any  distrust  of  the  morality  of  slavery. 
In  the  present  state  of  opinion  amongst  the  people  of  the  North, 
an  1  other  countries,  we  ought  not  to  remain  silent  as  to  the  rea- 
sons which  may  impel  us  to  take  any  action  looking  to  the  repres- 
sion of  the  Slave  Trade.  We  cannot,  under  such  circumstances, 
prevent  misapprehension  nor  repel  misrepresentation.  Before 
the  report  of  the  Committee  was  amended  to  meet  this  view  of 
the  case,  and  to  place  the  proposed  Ordinance  on  the  ground  that. 


THE  CONVENTION  OF  ALABAMA.  11)7 

public  policy  alone  required  such  action  at  our  hands,  I  could  not 
have  voted  to  concur  in  the  report.  Even  now  it,  is  not  so  clear 
and  decided  in  its  negation  of  other  grounds  for  our  action1,  as  to 
make   the  report  a  complete  expression  of  my  opinions     The 

importance  of  (his  matter  cannot  well  be  over-estimated .  If  any 
slave  trade  in  negroes  is  objectionable  on  grounds  of  morality  or 
Christian  duty.  I  would  much  more  readily  conclude  that  it  was 
wrong  to  bring  a  Christianized  and  enlightened  negro  from  Vir- 
ginia, to  Alabama,  than  it  was  wrong  to  bring  a  heathen  and  sav- 
age  slave  from  Africa  to  Alabama.  If  1  have  to  forge  chains  for 
men  at  the  expense  of  the  opinions  of  people  professing  Chris- 
tianity, I  prefer  that  those  chains  shall  lead  the  slave  without-  the 
reach  of  the  genial  rays  of  that  Christianity.  But  it",  as  1  believe, 
these  bonds  are  Christian  bondsj  1  shall  not  hesitate  to  keep 
them  where  they  were  placed  by  tha  All-Wisk,  and  where  they 
have  proven  to  he  the  only  powers  which  could  bring  the  negro 
within  the  reach  of  a  proper  moral  and  political  government. 
We  cannot  defend  the  inter-State  Slave  Trade  on  the  great  truth 
of  its  coincidence  with  the  revealed  will  of  God,  and,  at  tin- same 
time,  condemn  the  African  Slave  Trade  on  moral  grounds.  1 
oppose  the  Ordinance  reported  by  the  Committee,  because  of  its 
silence  on  these  points.  I  have  thought  that  it  ought  to  he  ex- 
press and  more  emphatic  in  its  statements  of  the  grounds  ,.f  our 
action.  The  Ordinance  will  go  out  disconnected  from  the  report, 
and  will  he  liable  to  become  injected  with  such  reasons,  and  ar- 
guments, and  inferences,  prejudicial  to  us,  as  abolition  malignity 
and  cunning  may  chouse  to  invent.  Our  justification  will  not  go 
with  the  act,  and  we  will  be  placed  under  the  shadow  of  seJf- 
reprobation. 

Other  reasons  of  the  most  important  nature  operate  against 
the  incorporation  of  the  Ordinance  into  our  organic  law.  It  is.  at 
most,  a  question  of  policy,  and  must  always  continue  such,  so 
lone;  as  negroes  are  held  as  slaves  in  this  State.  [|  was  a  ques- 
tion of  policy  when  the  Federal  Constitution  was  formed.  The 
policy  then  was  to  keep  the  trade  open  and  unrestricted,  c\ 
by  a  light  tax,  until  a  period  should  arrive  in  which  a  full  supply 
of  slave  labor  Could  be  obtained  from  Africa.  Tlere  was  no 
prohibition  of  the   Slave   Trade    placed  in  the  organic    law  of  the 

Union.  There  wa  ;,  indeed,  strong  opposition  to  the  slave  Trade, 
but  it  was  not  then  s-.  strong  as  to  be  able  t<>  carry  this  feature 
into  the  Constitution;  on  the  contrary,  the  anti-Slave  Trade 
party  did  not  succeed  in  prohibiting  interference  with  the  Slave 
Trade  fur  a  time.  The  restriction  was  in  favor  of  the  Slave 
'Trade,  and    net  against  it.      Why  should    we,  who  are  the  fri 


1«.»S  HISTORY      KM)    DKUATES    OF 

of  negro  slavery,  go  so  far  as  to  incorporate  tbt  prohibition  of 
the  Slave  Trade  into  our  State  Constitution,  while  those  who  are 
its  enemies  have  been  content  to  rely  for  its  prohibition  upon 
nets  of  Congress,  which,  in  this  case,  aire  hut  the  expression  of 

popular  will  .'  I  can  sec  no  occasion  tor  such  a  radical  step.  It 
does  no!  consist  with  present  polity:  it  is  not  demanded  by  any 
well-founded  distrust  of  the  liability  of  the  people  to  heroine 
mercenary  to  the  destruction  of  their  peace  or  their  genera]  pros- 
perity, it  would  be  unjust  to  posterity,  because  it  would  settle 
in  the  most  solemn  form,  as  a  principle  of  Government,  a  matter 
which  is  only  a  question  of  policy,  and  not  a  principle  of  Gov- 
ernment. It  has  been  urged  that  Virginia,  and  Maryland,  and 
North  Carolina,  require  a  solemn  act  of  condemnation,  on  our 
part,  of  the  African  Slave  Trade;  and  that  they  will  hesitate  to 
unite  with  us  if  we  hesitate  to  adopt  this  Ordinance.  Perhaps 
it  might    he  as  truthfully  said   that  Texas  and    Louisiana    would 

ur  to  si  settlement  of  this  question  by  the  sovereign  States 
to  whose  counsels  they  have  no  access;  and  these  States  might 

tatc  to  meet  with  States  that  preclude  all  discussion  of  this 
question.  It  is  much  to  be  desired  that  Virginia  should  unite 
with  us,  and  that  every  slave  State  should  join  readily  in  this 
movement.  But  1  would  neither  bribe  nor  threaten  Virginia,  nor 
any  other  slave  State.  Let  them  act  on  their  own  convictions 
of  duty.  Some  recent  indications  in  the  Virginia  Legislature 
arc  not  much  to  he  applauded.  It  is  rather  a  deplorable  and 
humiliating  spectacle  to  see  a  great  State — the  largest  slave- 
holding  State — in  a  serious  debate  on  the  question  whether  her 
destiny  is  with  the  North  or  with  the  South.  In  the  event  the 
decision  should  he  in  favor  of  the  Northern  alliance.  I  would  not 
hesitate  to  say  that,  if  she  looks  to  the  North  for  alliance  and 
sympathy,  she  must  look  elsewhere  than  Alabama  for  a  slave 
market.  It  seems  to  he  doubtful  whether  our  true  policy  is  not 
to  he  found  in  stronger  measures  than  in  petitions,  concessions 
and  adulations.  We  have  planned  our  action  without  reference 
to  the  opinions  of  any  other  people,  and  our  cause  will  at  least 
stand  on  its  merits,  or  fall  for  the  want  of  merit.  The  justifica- 
tion of  our  action  is  placed  on  our  right  to  determine  our  own 
destiny  ;  and  it  is  to  he  neither  stronger  nor  weaker  because  an- 
other State  may  approve  or  disapprove  our  course.  It  has  not 
been  taken  without  tin'  most  careful  efforts  to  procure  the  liar 
monious  action  of  the  slave  Slates.  We  have  been  deferential 
to  our  sister  States  of  the  South.  Able  Commissioners  have 
been  sent  to  all  the  States  of  the  South,  hut  none  have  come  to 
us  with  any  message  of  fraternity,  except  from  South  Carolina. 


THE  CONVEVTION  OK  ALABAMA.  L99 

Georgia  and  Mississippi.  This  is  no  ground  of  complaint,  per- 
haps,  but  it  is  a  noticeable  fact,  when  we  enquire  how  far  Ala- 
bama is  to  be  compromised  in  her  policy  by  a  feeling  of  mere 
deference  to  other  Slates.  It*  we  leave  the  African  Slave  Trade 
to  rest  under  a  distinct  condemnation  as  a  measure  of  policy, 
and  on  grounds  of  policy,  Virginia  ought  to  be  satisfied,  and  will 
lie  satisfied  that  we  do  not  propose  to  cut  off  or  check  the  Vir- 
ginia Slave  Trade.  She  can  join  us  in  the  discussion  of  that 
question',  and  if  it  is  her  opinion  that  this  trade  should  be  con- 
demned in  the  Federal  Constitution,  or  in  the  State  Constitutions, 
she  ean  vote  in  (Ate  one  ease  and  set  the  example  in  the  other. 
In  reference  to  its  influence  upon  our  State.  I  oppose  the  Ordi- 
nance  and  prefer  the  Resolutions  of  the  gentleman  from  Lauder- 
dale, [Mr.  Jones.]  His  resolutions  declare  a  policy,  and  display 
(he  grounds  of  that  policy.  He  has  made  the  argument  that  if 
t,ie  suppression  of  the  African  Slave  Trade  is  left  to  the  actior; 
of  the  States  alone;  it  will  only  prove  to  be  the  best  means  of 
throwing  the  whole  country  open  to  the  traffic.  Any  State  may 
open  it,  and  no  one  State  could  prevent  it.  No  number  of 
States  could  prevent  it  without  war,  if  one  State  should  have  the 
right  to  open  the  Slave  Trade  with  Africa.  That  argument  has 
not  been  answered.  It  a p] tears  to  be  conclusive  on  the  point 
that  this  matter  should  not  be  left  alone  to  the  States.  Such  is 
the  effect  of  the  Ordinance,  or  else  its  etfect  is  to  cease  when  a 
Provisional  Government  is  formed,  and  in  that  view  it  would 
lie  useless  now. 

The  Ordinance  is  not  framed  provisionally.  It  is  to  become  a 
settled  principle  of  organic  law  in  the  State.  I  will  not  go  into  the 
condemnation  of  the  African  Slave  Trade  because,  at  this  time, 
we  have  a  stock  from  which  enough  slaves  will  spring  to  sup- 
ply the  demand  of  agriculture  for  perhaps  twenty  years  in  the 
South.  It'  we  then  need  more  slaves,  we  can  so  order  it  by  fl 
change  of  measures  to  suit  the  altered  conditon  of  the  country. 
I  am  opposed  to  placing  fetters  on  the  hands  of  posterity.  Ev- 
ery generation  Of  freemen  should  be  allowed  to  use  the  blessing* 
of  Government  to  their  own  advantage.  We  can  trust  our  pos- 
terity with  the  destiny  of  their  successors,  just  as  far  as  we  cai 
trust  ourselves  with  their  destiny.  The  young  State,  now  taking 
her  first  steps  in  the  greal  march  of  events,  ought  to  be  left  \'v^<- 
fcn  choose  her  own  course j  her  feel  oughl  nol  now  to  be  fitted  fco 
iron  shoes.  The  Chinese  system  cramps  the  foot  of  the  infant, 
and  brings  a  decrepitude  upon  youth  which  is  never  overcome. 
It  is  better  to  leave  c\  erything  free  to  those  w  ho  are  to  follow  us 
exce.pl  the  principles  which  we  esteem  to  be  the  vital  elements  o'' 


200  HISTORY     AND     liKHATKS    OK 

good  government.  These  we  must  solemnly  ordain  far  our  own 
tecurity  and  welfare,  and  it'  our  successors  choose  to  abolish  them, 
we  will  leave  to  them  tliis  privilege,  but  will  not  sanction  the 
se  by  our  own  example.  We  are  ready  now  to  declare  that 
pul tin-  policy  forbids  the  reopening  of  the  African  Slave  Trade, 
.nit  we  will  leave  it  to  the  generations  that  may  occupy  the  Gulf 
\l*  sico,  and  rule  over  the  Islands  of  the  adjacent  seas,  to  de- 
termine for  themselves  how  much  of  this  property  they  need; 
and  they  ought  not  to  be  compelled  to  uproot  the  foundation  of  the 
Government  before  they  can  reach  the  subject. 

Mi:.  Smith,  of  Tusealoosa.  said  : 

Mr.  President — 1  hops  the  Ordinance  will    be  adopted  as  ret 
ted.    It  is  complete  in  itself  and  needs  no  amendment.  What- 
ever we  say  on  this  subject  ought  to  he  positive  in  its  terms;  it 
ought  to   he  more  than  the   mere  expression  of  an   opinion  ;  it 
tught  to  bo  the  fundamental  law  of  the  land. 

Some  of  our  friends  here  are  too  prone  to  defer  action  on  man} 
mportant  questions  to  the  Southern  Congress.  Lei  us  act  for 
ourselves.  Tons  the  responsibility  belongs;  letus  not  shift  it 
Upon  others. 

The  gentleman  from  Dallas,  [Mr.  Morgan,]  thinks  that  a  reso- 
lution expressive  of  our  opinion  merely,  would  he  preferab 
in  Ordinance,  because  an  Ordinance  would  tend  to  cramp  and 
trammel  our  Deputies  in  the  Southern  Congress.  This  objec- 
tion docs  not  strike  me  with  great  force.  The  organic  law  of  the 
State,  as  by  us  framed,  will  necessarily  have  to  be  accommodated 
othe  federal  Constitution,  if  there  should  be  one;  so  that  the<  >rdi- 

lances  we  may  adopt  here  will  he.  at    last,  hut  expressions  of  our 

opinions.     So  far.  then,  ourOrdinances  \\  ould  operate  on  our  Dep- 
uties as  indicat  ions  only  of  our  wishes,     But  even  if  this  ( Ordinance 
ihould  he  considered  as  deliberate  instructions  to  guide  and  control 
Deputies  in  this  ease,'  it. is  no  barm  that  it  should  hi- so.  '1  here 

ought   not  to  be  two  opinions  here  on  this  question.     The   Con- 
dition should   he  unanimous  In  its  opposition  to  reopening  the 
African  Slave  Trade. 

The  gentleman  from  Dallas,  |Mr.  Morgan,]  is  unwilling  to 
id.mil  by  his  vote  that  the  reopening  ol  the  African  Slave  Trade 
id  he  in  itself  immoral.  I  have  deference  to  his  opinions  ami 
vspect  for  his  scruples ;  hut  1  do  not  think  that  there  is  an\  ad- 
mission in  the  Ordinance,  as  reported,  that  the  reopening  of  the 
African  Slave  Trade  would  he  immoral.  It  is  true,  that  theOr- 
linancc  contemplates  a  penalty  for  the  violation  of  the  law;  but 


THS  CONVENTION  OF  ALABAMA.  '201 

a  prohibitory  statute  could  not  be  enforced,  if  no  penalty  attach 
to  its  violation.  It.  would  be  an  absurdity  to  declare,  "you  shall 
not  do  this" — without  prescribing  a  penalty  for  disobedience. 
Penal  statutes  maj  rest  upon  policy  alone. 

But  this  question  of  morality  does  not  necessarily  arise  here. 
\s  a  matter  of  opinion,  I  do  not  believe  that  the  African  Slave 
Trade  would  be  immoral  in  itself  now — or  that  it  ever  has  been 
immoral.  1  hold,  that  the  African,  taken  from  his  native  wilds 
and  placed  in  the  ranks  that  march  onward  from  savage  to  civil- 
ized life,  is  greatly  benefitted,  lie  is  humanised  and  christian- 
ised. He  rises  from  the  condition  if  a  brute  into  the  position  of 
a  christian  man.  The  present  condition  of  the  Alabama  negro, 
illustrates  this.  Place  a  native  African  side  by  side  with  an  Ala- 
bama negro — how  vast,  is  the  difference  in  stature  as  well  as  in  in- 
tellect. The  wiie  has  the  graceful  and  sinewy  limbs  of  a  Hercules 
— the  other  is  a  mere  mongrel.  In  nine  cases  out  often,  in  posi- 
tive contentment,  the  Alabama  slave  is  happier  than  his  master. 
His  cottage  is  built  tor  him,  his  Ibod  provided,  his  meals  prepar- 
ed; his  hearth  to  spread  with  substantial  comforts,  and  his  long 
nights  are  for  those  blissful  dreams  that  are  undisturbed  by  the 
knowledge  of  coming  necessities,  lie  has  no  cankering  cares,  no 
bufietting  with  fortune,  no  aspiration  for  expanding  acres,  no  cares 
for  rain  or  sunshine.  lie  has  neither  cloth  nor  meat  to  buy;  he 
is  free  from  debt,  hi'  is  above  all  civil  law — and  he  looks  forward 
hristmas,  not  as  the  maturity  time  for  bis  bills,  but  for  his 
holidays.  Sir,  there  can  be  nothing  immoral  in  placing  a  savage 
in  such  a  condition  as  this. 

The  gentleman  from  Dallas,  [Mu.  Morgan,]  supposes  thai 
hereafter — in  the  possibility  of  things,  it  might  become  his  duty. 
from  motives  of  public  po/icy,  to  favor  the  reopening  of  the  Af- 
rican Slave  trade;  and  he  does  not  wish  to  be  cramped  by  a  vote 
given  now.  denouncing  or  seeming  to  denounce  its  morality 
Such  a  contingency  is  impossible.  The  arguments  againsl  the 
reopening  of  this  African  slave  Trade  are  overwhelming.  Poli- 
cy will  never  demand  it.  Take  a  single  argument  :  We  double, 
our  population  as  a  general  ride  every  twenty  years,  and  the  ne- 
groes  multiply  more  rapidly  than  the  whites.  We  have  now 
over  four  millions  of  slaves  in  the  Southern  States.  In  twenty 
years,  we  will  have  eight  millions;  ill  forty  years,  sixteen  mil- 
lions; in  sixty  years,  thirty-two  millions;  in  eighty  years,  sixty- 
tour  millii  ;:>;  in  a  hundred  years,  one  hundred  and  twenty-eight 
millions  of  slay<  8  ! 

Shall  we    legislate   for   this   day    alone?      Is    that   the   duty    of 
statesmen'/     Shall  our  foresight  not  reach. the  outlines  of  a  sin- 


20'2  1IIST0RV    AND    DEBATES    OF 

gig  century  ?  When  Solon  gave  laws  t<>  Athens  he  looked  afar 
into  the  deep  future.  When  Lycurgus  gave  laws  to  Sparta,  he 
planned  for  a  thousand  years  in  advance.  When  Numa  framed 
the  Roman  Code  in  the  solitary  cell  of  Egeria,  he  beheld,  through 
the  vista  of  long  centuries,  Rome  towering  in  her  grandeur,  as  in 
her  palmiest  days  upborne  on  the  colossal  Bhouloers  61  Cicero 
and  Csesar.  Shall  it  be  reserved  for  us.  who  boast  of  wise  fathers, 
:  1 1 1  •  1  of  free  and  enlightened  institutions,  to  limit  our  sagacity  toa 
single  age!  to  labor  alone  for  the  generation  that  lives'/  We  are 
here  for  higher  duties,  lie  is  Indeed  poorly  entitled  to  the  name 
of  patriot  or  statesman,  who  legislates  for  the  presenl  and  not  the 
future. 

But  admit  that  on  this  subject  the  vision  of  our  sagacity  is 
bounded  by  the  shadowy  walls  of  one  hundred  years;  what  do 
you  behold?  You  sec  huddled  together  120,000,000  of  negroes, 
circumscribed  within  the  limits  of  a  dozen  States;  and  this  im- 
mense slave  population  will  be  accumulated  from  the  natural  in- 
creasetof  native  slaves  without  any  importation  from  Africa.  Will 
\  on  crowd  this  population  still  more  by  fresh  importations'/  Will 
there  be  any  room  left  for  the  white  man?  What  is  to  becom," 
of  the  hardy  pioneer  who  first  cleared  away  the  wilderness,  and 
erected  his  'cabin  on  some  distant  knoll,  proud  and  happy  in  the 
possession  of  his  little  kingdom — his  forty  acres  of  land?  Is  he 
to  be  driven  away  from  his  happy  dominions  by  the  ominous  ad- 
vance of  this  ebony  giant  ?  This  must  not  be.  This  shall  not  be. 
Surely  no  man  here  wishes  this  to  be. 

■  111  lares  the  land,  to  hastening  ills  a  prey, 
Where  wealth  accumulates  and  men  decay  ' 
Princes  and  lords  may  llonri>h  or  may  lade; 
A  breath  can  make  tnem.  as  a  breath  has  made; 
Mm  a  bold  peasantry,  their  country's  pride, 
When  once  destroyed  can  never  be  Supplied.11 

This  question  of  the  increase  of  our  native  slave  population 
assumes  new  importance  now  from  OUT  present  position.  Here- 
tofore we  have  looked  abroad  into  the  Territories  for  extension. 
Our  recent  troubles  have  grown  out  of  this  desire  of  ours  for 
extension  tin-  our  slaves  into  the  Territories.  Extension  for  sla- 
very was  a  necessity,  as  the  protection  of  slavery  as  property  in 
the  Territories  was  a  demand.  The  one  made  the  other  indis 
pen.sablc.  Twenty  days  ago,  we  could  look  abroad  for  extension. 
We  had  a  share  in  boundless  Territories.  But  what  is  our  con- 
dition to-day/  We  have  seceded  from  the  Union,  declared  our 
independence,  and  assumed  before  the  world  the  attitude  of  a  na- 
tiou.     We  are    circumscribed   now  within  the  limits  of  Alabama. 


THE  CONVENTION  OF  ALABAMA.  208 

Wc  carry  with  us  nothing  except  what  is  within  our  geographical 
limits;  no  rights  of  property  outside  of  the  State;  nothing  but 
our  liberties  and  our  eminent  domain.  Whatever  else  we  may 
claim  must  remain  to  be  settled  hereafter  by  some  of  the  modes  of 
adjusting  international  disputes. 

A  new  confederation  cannot  be  expected  to  embrace  more  than 
fourteen  States — and  this  immense  negro  population  must  be  con- 
lined  to  the  limits  of  the  new  Confederacy.  Where  can  we  go'.' 
Through  Texas  to  Mexico?  That  is  the  only  outlet.  Do  we 
desire  this  ?  For  what  did  we  fight  and  conquer  Mexico'/  In 
order  to  get  homes  upon  the  soil'/  Surely  not.  How  many  of 
all  the  American  Soldiers  remained  or  desired  to  remain  in  Mex- 
ico ?  Do  you  wish  to  send  your  slaves  away  and  not  go  with 
them?  Not  so.  Even  the  slave  would  degenerate  in  Mexico. 
The  slave  would  lose  his  subordination,  and  the  institution 
itself  would  lose  its  vitality.  American  slavery,  in  half  a  cen- 
tury, would  there  be  transformed  into  Mexican  peonage.  Upon 
Mexican  soil,  teeming  as  it  is  with  all  the  euervatiug  influen- 
ces of  languor;  fertile  only  iu  excuses  for  sloth  and  idleness,  the 
negro,  who  now  in  Alabama  makes  ten  bags  of  cotton  a  year 
for  his  master  would  become  like  Shakspeare's  Caliban — a  "  mere 
moon  calf — a  "  hedge-hog" — a  "  fish — legged  like  a  man" — a 
"  most  ridiculous  monster" — -fit  only  "to  dig  pigments"  and  to 
'•  show  jay's  nests." 

Upon  Mexican  soil  your  negro  would  return  to  Africanism  ; 
his  Christianity  would  go  back  to  superstition;  and  his  frame 
would  lose  those  noble  and  graceful  proportions  which  physical 
labor  so  completely  developes.  His  brawny  shoulders  relaxed, 
his  vigor  gone,  his  spirit  rebellious,  his  disposition  satanic,  his 
head  lull  of  the  rampant  spirit  of  revolution  which  is  become  an 
ever-prevailing  epidemic  in  Mexico;  he  would  indeed  be  a  terror 
instead  of  a  servant.  His  petty  larcenies  would  swell  into  high- 
way robberies;  and  he  would  aspire  to  admission  into  the  ranks 
of  the  brown  bandits  of  Mexico.  That  would  be  the  end  of 
hi  in. 

Hut  if  the  negro  would  degenerate  in  Mexico,  would  not  the 
white  man — his  master  f  Send  Alabamans  to  Mexico  for  room! 
Sir,  that  enervating  climate  would  reach  the  loftiest  nature  and 
drag  him  from  his  grandest  height*.  The  change  upon  a  single 
generation  would  lie  magical.  Sober  American  gravity  would  grow 
fantastical  :  American  gravity  would  sink  into  .Mexican  frivolity; 
and  dignity  itself  would  be  content  with  the  grown  of  the 
harlequin.  Ambition  would  be  satisfied  with  the  weight  of  a 
spur,  or  the  massive  adornment  of  a  bridle;  and   the   spirit  that, 


204  IIISTOKV    ANh    DEBATES    OK 

in  this  clinic,  would  have  aspired  to  rival  1 1 1  -  -  glorj  of  a  Jackson, 
would  there  be  proud  to  appmaoh  the  immaculate  excellence  of 
Santa  Ann  i  !  Virginia  us,  Kentuckians,  Carolinians,  G  irgi.ins, 
Tennesseeana,  Alabamans,  Mississippi*  us,  noble  in  i n t«*t) 
brave  by  nature,  chivalrous  by  instinct,  accomplished  by  culture; 
symmetrical  in  shape  and  feature;  high-spirited,  splendid  -;■■ 
mens  of  the  ADglo-Anverican,  yearning  after  fame  and  proud  of 
their  sires  and  their  clinics;  (iod  forbid  that  the  raee  of  such 
men  Bhould  ho  degenerated  under  a  Mexican  sun  1 

The  gentleman  from  Dallas  [Mr.  Morgan,]  thinks  that  the  pa** 
isg  of  this  Ordinance  would  arm  our  Northern  enemies  with  le- 
gitimate bludgeons  to  beat  us;  that  it  would  amount  to  a  stigma 
upon  the  institution  ef  slavery — solemnly  ottered  and  sanctioned 
by  us.  I  do  not  think  so.  The  passing  of  this  Ordinance,  in  my 
opinion,  would  have  a  contrary  effect.  It  would  disarm  our 
Northern  foca.  They  have  branded  us  in  advance,  that  one  ef 
the  leading  causes  of  our  desire  to  break  up  the  1  nion,  is  to  es- 
cape the  law  which  denounces  and  punishes  the  African  Slave 
Trade.  They  charge  as  that  we  wish  and  that  we  intend  to  r5- 
open  the  African  Slave  Trade.  Sir,  the  p.mage  of  this  Ordi- 
nance by  a  solemn  vote  of  this  Convention,  instead  of  arming, 
would  disarm  our  Northern  foes,  and  prove  that  on  this  question 
they  were  either  deceived  in  their  judgments,  or  that  they  were 
deliberate  slanderers. 

There  has  been,  in  the  acts  of  this  Convention,  extreme  haste 
on  in  any  momentous  questions.  1  am  noi  an  advocate  for  ii  i-te 
in  radical  changes  or  in  important  innovations;  but  on  this  great 
question  1  am  anxious  to  make  haste  to  adopt  this  Ordinance, 
that,  the  world  may  he  relieved;  thai  our  designs  may  be  known, 
and,  above  all,  that  our  Northern  \'<«  ^  may  be  forced  to  seal  their 

lips,  and  to  cease  proclaiming,  10  the  great  injury  of  our  cause. 
the  deliberate  and  unmitigated  slander,  that  Southern  slaveholders 
wish  to  break  up  the  Union  for  the  paramount  purpose  of  reopen- 
ing the  African  Slave  Trade. 

Take  another    \  i«  w    ol'lhis    question.      Shall    we    increase    our 

troubles '(  Saving  assumed  our  independence  and  resumed  dele- 
gated powers — having  sundered  the  ties  1  hat  bound  us  to  I  he  !  'nion 
of  the  States,  it  is  wise  in  us,  in  our  first  acts,  to  bid  defiance  to 
the  whole  civilized  world?  Have  we  grown  so  great  in  the  brief 
period  of  a    Single    week,  that    we    shall   court    the   frowns    oJ    all 

( Shriatendom,  and  bring  down  upon  our  earliest  deliberations  the 
anathemas  of  all  Europe?  The  war-ships  of  the  most,  respecta- 
ble governments  of  Europe  continually  cruise  the  high  seas  in 
•e&rch  of  African  slavers — the  United  States  ships  setting  the  e\- 


THE  CONVENTION  OF  ALABAMA.  205 

ample  of  diligence,  vigilance  and  determination  to  check  the  Afri- 
can Slave  Trade.  We  have  recognized  it  a  crime  for  half  a  cen- 
tury, and  have  acquiesced  without  murmur  in  the  enforcement 
of  the  penalties.  Shall  we  increase  our  troubles'?  Shall  we 
multiply  the  causes  ami  thereby  the  probabilities  of  war]  Should 
at)  English  ship  intercept  an  American  vessel  engaged  in  the  Af- 
rican Slave  Trade,  it  would  not  now  be  cause  of  war.  simply 
because  this  trade  is  prohibited  by  the,  laws  of  the  Uni 
States.  But  suppose  we  declare  the  trade  legitimate,  and  recogf- 
nize  il  as  part  of  our  policy ;  suppose,  even,  we  refuse  60  p 
laws  to  prohibit  it.  then  the  foreign  intercepting  of  a  vessel  be- 
longing to  us.  though  engaged  in  the.  direct  importation  <>f*  Afri- 
can slaves,  would  be  an  act  hostile  to  our  commerce  and  equiva- 
lent to  a  declaration  of  war.  Are  we  to  suppose  that  an  English 
or  an  American  ship,  orusing  for  the  very  purpose  of  intercept- 
ing and  seizing  slavers,  would  relax  their  vigilance  so  as  to  let 
Alabama,  alone  of  all  the  nations  of  the  earth,  carry  on  this 
trade?  Certainly  not.  If  one  of  our  slavers  should  he  taken  on 
the  high  seas,  the  act  of  intercepting  it  would  Ik4  an  indignity  ;  and 
the  consequence  of  such  an  event  would  be  war,  or  a  disgraceful 
surrender  of  our  national  dignity  and  honor. 

Sir.  in  every  act  of  mine,  in  this  Convention,  I  shall  look  to- 
wards peace.  I  would  not,  wantonly  proyoke  any  nation,  nor 
would  I  favor  a  law  which  would  not  be  likely  to  teceive  the  ap- 
probation of  the  wisdom  of  the  age. 

There  is  no  wisdom  in  war.      It  is   the   most,  brutal  occupation 
of  mankind.      It  should  never  be   courted.      The  glory  of  Ameri- 
can history  is  found  in  the  fact  that  all  Inn*  wars  have  been  thrust 
upon  her.     We  have  conquered  on  almost  every  battle-field;  we 
have  vindicated  our  courage  and  our  prowvss    before    the  eyi 
the  world  ;  and  have  sent  forth  the  historic  heralds  of  our  fame 
to  proclaim  to  posterity,    the  achievements  of ,  our  arms.     W< 
have  a  right  now  to  rest — and  to  court   the    more  inviting  slli 
of  peace,  without  being   suspected  of  cowardice,  or  charged  with 
an  inglorious  disposition  to  avoid  danger,    Peace,  thai,  isour  poli- 
cy :  l'"i-  in  peace  alone  can  agriculture  flourish.      If  COTTON  19  : 
his  TiutoNK  is  peace,  fop  WAR,  that  turns  the   ploughshare  into  the. 
sword,  will  deprive  him  of  the  implements  01  his  power  and  strip 
awa\  the  habiliments  of  his  Royalty. 

Sir,  tlie  blessings  that    are  to   come  upon    the    State    from    this 

revolution.  must  be  the  blessings  of  Peace.     You  can  do  nothing 

without  commerce— there  can   be  no  commerce  without  peace.. 

Yo.U  ■.:•  !  achieVed  a  revolution,  but  you  have    yet   a   great   work 

iccotnplish — you  have  a  country  i ild   up.     Vou  are 


MISTORT    AND    DKBATXS    VT 

merely  working  out  a  dazzling  reputation.  You  are  doI  to  be 
satisfied  with  having  pulled  down  n  government.  You  have  not 
created  ;i  political  Btorm  for  the  unholy  purpose  of  filling  the  his- 
tory of  the  times  with  stirring  events  and  disastrous  accidents. 
Von  are  no!  merely  opening  the  womb  ol  emergencies,  thatgreal 
warriors,  great  orators,  great  statesmen,  and  great  poets  may 
spring  out  of  it.  You  are  not  only  creating  an  era,  an  age — 
that  may  be  an  age  of  bronze — an  age  ol  iron — an  age  of  gold — 
or  an  aire  of  blood.  You  are  here  for  the  loftiest  <>f  all  pur] 
— to  Im'ihl  nj>  ii  country — for  the  lasting  happiness,  and  the  per- 
manent prosperity  of  the  millions  thai  inhabit  the  land.  Look, 
then,  to  Peace — -that  stately  and  commanding  Queen — ■ 

"Beneath  whose  calm  inspiring  influence 
Science  his  views  enlarge*,  Art  refines, 
.And  swelling  Commerce  opens  all  iicr  porta. 

Mi;.  JoHXS,  of  Lauderdale,  said  : 

Mr.  President — Situated  as  we  are.  this  is  one  of  the  most  im- 
portant questions  for  our  consideration.  It  has  been  charged 
that  the  object  of  the  Cotton  States  in  seceding  from  the  Union, 
is,  to  reopen  the  African  Slave  Trade.  This  opinion  seems  to 
have  taken  possession  of  the  minds  of  the  people  of  the  Border 
Slave  States,  and  will  not  fail,  if  not  promptly  repudiated  ly 
each  seceding  State,  to  engender  distrust  as  to  our  future  policy 
on  the  vital  question.  He  would  not  now  enter  upon  a  discus* 
sion  ofthe  policy  <>!•  morality  of  this  trade.  The  gentleman  from 
Barbour,  [Mr.  Cochran]  will  see  that  this  resolution  does  not 
conflict  with  the  views  he  has  just  submitted  to  the  Convention, 
for  the  amendment  offered  by  the  gentleman  from  Dallas,  |Mr. 
Morgan,]  places  the  action  proposed  by  the  resolution,  solely, oil 
die  ground  ol'  public  policy.  In  every  action  the  question  of  pol- 
icy should  yield  to  that  of  morality.  The  maxim  that  "what  is 
immoral  is  always  impolitic,"  is  as  true  in  regard  to  nations  as 

individuals.  lint  when,  as  in  the  present  instance,  all  agree  that 
a  measure  is  impolitic,  and  some  say  that  it  is  immoral,  it  is  a 
useless  waste  oi'time  to  Inquire  who  has  the  better  reason  for  the 
vole  he  is  about  to  give^  The  only  pertinent  question  is  that 
stated  by  the  gentleman  from  Mobile,  [Mr.  Bragg.]  Will  the 
Ordinance  submitted  by  the  Committee  on  Federal  Relations  or 
the  substitute  offered  bj  me  better  accomplish  the  end  proposed.' 
' PI i > -  Ordinance  simply  proposes  t<>  declare  by  Organic  Law  that 
the  African  Slave  Trade  -hall  We  prohibited  in  Alabama.  To  his 
mind  this  did  not  meet  the  necessities  of  the  case,  and  consequent- 
ly he  offered  as  a  substitute  the  resolution  now  pending.     This 


THE  CONVENTION  OK  ALABAMA.  207 

resolution  instructs  the  Deputies  elected  by  us  to  the  Southern 
Convention,  to  assemble  at  Montgomery,  Alabama,  on  the  4tb 
day  of  February  next,  to  insist  on  the  adoption  of  such  restric- 
tions as  will  effectually  prohibit  the  African  Slave  Trade.     The 

Ordinance  of  the  Committee,  if  adopted,  provides  no  penalty  for 
its  violation,  and  without  some  legislation  will  lie  wholly  power- 
less to  accomplish  the  end  proposed.  The  Legislature  can  do. 
under  the  present  Constitution  ot  the  State,  precisely  what  this 
Ordinance  proposes.  Indeed,  section  2058  of  the  Code  COVerS 
the  whole  case  and  renders  any  further  legislation  by  this  State 
unnecessary. 

Mb.  BnAoa : 

Will  (he gentleman  read  the  section  named? 

Mr.  Jones  : 

Certainly — -the  section  reads  thus:  "It'  any  slaves  of  persons 
of  color,  have  been  or  are,  hereafter  brought  into  this  State  in 
violation  of  the  laws  of  the  United  States  prohibiting  the  Slave 
Trade,  the  Governor,"  &c. 

Mi:.  Brago  : 

The  act  of  Secession  repealed  all  the  laws  of  the  United  Stab  s, 

and  hence  this  section  is  not  now  in  force. 

Mr.  Jones  said  : 

He  thought  not.  The  section  recited,  only  refers  to  certain 
laws  of  the  I  nited  States  ;  these  laws  are  descriptive  of  a  certain 
•  ■lass  of  offences.  Now,  sir,  in  enforcing  this  law  of  Alabama  the 
)( ( Jongress  is  looked  to  for  a  description  of  the  offence — 1 1 1 ■  - 
statute  2058  declares,  that  the  act  so  described  is.  when  commit- 
ted within  the  limits  of  Alabama,  an  offence,  and  prescribes  the 
penalty — precisely  as  you  would  look  to  the  Common  Law  of  Eng- 
land for  the  description  of  an  offence,  the  laws  of  Alabama  pro 
poses  to  denounce  and  punish. 

lie  held,  that  so  far  as  Alabama  i-  concerned,  this  traffic  is  not 
only  fully  but  wisely  and  amply  provided  for.  It  commits 
us  to  no  psCudo  philanthropy  to  pay  thousands,  to  recommit 
men  redeemed  from  barbarism  back  to  hopeless  bondage  unmiti- 
gated by  a  raj  of  Christianity  or  civilization. 

Another  objection  to  the  proposed  Ordinance  is.  that  it  will 
have  no  extra  territorial  effect,  and  will   leave  us  at  the  mer< 


208  HISTORY     AND    DKHATES    OF 

neighboring  States,  (care  not  how  stringent  the  laws  of  Alabama 
may  be  on  this  subject,  if  the  State  of  Florida  should  allow  or 
connive  at  the  traffic,  this  race  will  be  imported,  domiciled, 
and  then  smuggled  over  on  our  borders,  or  brought  in  droves  nn- 
der  the  general  laws  of  commerce  between  the  United  States. 

But,  sir,  it  is  conceded  that  Alabama  does  not  design  t<>  re- 
main as  a  separate  State — that  she  will  he  a  member  of  a  Con- 
federated  Republic  in  a  few  weeks,  is  as  certain  as  that  1 1 1  <. -  Sun 
will  rise  to-morrow.  The  Slave  Trade  will  then  belong  appro- 
priately to  the  Republic, aa  it  has  ever  done  to  the  General  Gov- 
ernment of  the  United  States.  We  have  dearly  proclaimed  that 
the  New  Government  is  to  eonfbrm  to  the  model  made  by  our 
ancestors;  why  then  attempt  to  depart  from  the  good  old  way  90 
soon  and  on  a  subject  of  such  deep  interest  to  our  people  and  to 
civilized  man  every  where  .'  A  prohibition  by  the  new  Republic 
will  3uppn  ss  the  Slave  Trade  alike  in  all  the  States  entering  into 
the  New  Government,  and  will  encourage  others  t<>  enter  and 
give  strength,  stability  an  I  respectability  to  the  New  <  Jovcrnment. 
Thai  Government  will  have  a  Navy  to  capture  Slavers,  and  thus 
suppress  the  trade,  It  will  have  foreign  alliances  to  aid  in  this 
greal  work  of  humanity. 

But  suppose  this  State  shall  determine  to  take  this  subject  un- 
der her  own  jurisdiction — the  State  having  claimed  in  i\i-\-y  case 
jurisdiction — your  delegates  cannot  surrender  it  to  the  New  Gov- 
ernment. Other  States  will  follow  the  policy  marked  out  by  ns. 
and  thus  there  will  be  Ho  g >neral  lam  but  an  interminable  eon- 
diet  ending  in  a  total  failure  to  enforce  the  laws. 

The  separate  States  will  be  utterly  powerless  to  prevent  a  traffic 
which  the  greed  and  avarice  of  the  worst  and  boldest  men  of  the 
age  attempt  to  carry  on.  All  the  power  of  the  General  Govern 
ment,  aided  by  the  most  powerful  maral  me  nations  of  Europe, 
have  been  unable  to  fujlj  suppress  this  trade.  Then,  it' hit  to  the 
uction  of  tie-  separate  States,  there  will  do1  be  a  decent  show  of 
opposition.  Some  ma)  even  permit  it.  and  thus  another  horde  of 
barbarians  will  be  poured  upon  us. 

( i  -nth  men    may    hold    their   own    opinions,  they  may  sanction 
the  traffic  if  they  chose,  bul  for  myself  and  my  constituents.  I  sol- 
emnly protest  uow  and  forever  against  any  course  that  will  per- 
another  African  to  land  upon  the  soil  of  Alabama. 

Mr.  Posey  said  • 

I  .mi  for  the  substitute  reported  by  the  Committee,  in  prefer- 
ence t.i  the  amendment  offered    by   my  colleague  [Air.  June.- J. 


THE    CONVENTION    OF    ALABAMA.  209 

The  Committee  have  not  prohibited  the  Slave  Trade  hy  making  it  a 
felony  The  Ordinance,  introduced  by  me,  did.  This  is  the  prin- 
cipal difference.  The  amendment  proposed  by  my  colleage  to  the 
Committee's  Ordinance,  is  a  mere  declaration  of  opinion  against 
the  Slave  Trade,  and  instruction  to  our  delegates  in  the  Convention 
»f  the  seceding  States,  to  vote  for  a  prohibition  in  the  Constitu- 
tion against  the  traffic. 

The  effect  of  the  amendment  under  consideration  would  be  to 
leave  our  ports  open  to  the  trade,  until  the  Southern  Congress  pro- 
hibited the  traffic.  I  would  have  the  prohibition  inserted  in  the 
Constitution  of  Alabama.  Public  sentiment,  in  this  State,  is 
against  tin-  Slave  Trade.  Why  should  not  this  opinion  of  the  peo 
pie  of  Alabama  be  incorporated  in  their  Organic  Law?  rait 
probable  that  there  will  be  any  change  in  public  sentiment  upon 
this  subject?  T  think  not.  I  see  nothing  in  the  new  relation  in 
which  secession  places  us  to  other  States  and  <  iovernments,  likely 
to  bring  about  such  change.  Did  we  need  more  territory  before 
—  ion,  fov  the  expansion  of  our  peculiar  institution  ?  We  yet 
have  the  same  need  for  more  territory.  The  rapid  increase  of  our 
slaves,  points  to  the  necessity  of  acquiring  more  territory  before 
we  import  slaves  from  Africa.  The  same  rules  which  apply  t< 
the  prosperity  01  individuals,  are  applicable  to  the  welfare  of  na- 
tions, lie  who  employs  more  slaves,  or  buys  more  than  he  has 
land  for  their  profitable  employment,  does  not  act  as  wisely  as  does 
the  man  who  keeps  an  eye  to  the  due  proportion  of  each.  When 
we  look  at  the  extent  of  our  territory,  the  number  and  the  increase 
of  l lie  slaves  upon  our  soil,  which  do  we  need  most,  more  slaves, 
or  more  land  for  those  we  now  have'/  Mr.  President,  the  fierce 
stril"  we  have  had  with  the  Northern  States,  which  has  led  to  the 
disruption  of  the  Government,  is  a   trumpet  tongued   answer  to 

this  question.     They   have   declared,  by  the  electa f  Lincoln, 

"There  shall  be  no  more  slave  territory — mi  more  slave  Stat 
To  thin  the  Cotton  State-  have  responded  by  acts  of  secession  and 
a    Southern    Confederacy;   which    is  but  a  solemn    declaration    of 
th.-e  Suites,  that  they  will  not  submit  to  the  Northern  idea  of  iv> 
trier Mi»  slavery  to  its  present  limits,  and   confining   it  to  the  slave 
Mao- 

An<l  win  not  submit  to  this  exclusion  from  the  Territories,  the 
com moii  property  of  nil  the  States?  Because  the  South  believee 
iliis  Northern  policy  of  restricting  slavery  to  its  present  limits, 
would  ultimately  destroy  the  institution.  And  can  there  be  any 
reasonable  doubt  as  to  the  policy  we  should  adopt  I  Should  the 
period  ev.-'  come  when  the  Southern  Confederacy  shall  have  ac- 
quired  more  territory  than  can  be  properly  settled  and  cultivated 
14 


*l]Q  taSTOVt    AMI    DB0ATE8    OF 

i>y  the  then  white  ami  black  population,  then  it   will   be  time 
igh   to  import  African  slaves.     The  gentleman  from   Dallas 
Mr.  Morgan  .  gainsl  this  Ordinance,  that  it  reflects  upon 

nx  ancestors,  brands  the  business  thej  followed  il  mime, 

md  indorses  the  Abolition  stigma  upon  slaveholders.      With  due 
respect  to  the  opinions  of  that  gentleman,  I  hull  this  hi  be  an  un- 
fair argument     It  assumes  the  positiou  that    this  Ordinance,  il 
d,  makes  the  Slave  Trade  an  offense  which  ia  mata  in  ><,  un- 
-ii  amended  as  to  contain  an  express  declaration  that  the  Slave 
Tra <le  is  neither  immoral  nor  unjust.     Gentlemen  upon   this  floor 
declare  they  will  n©1  vote  for  prohibition  without   such  amend 
j.     It  is  unusual  to  state,  in  any  prohibitory  law,  whether  the 
evil  is  bad  in  Itself,  or  made  evil  by  the  penalty  imposed  for  the 
public  good.     1  shall  vote  for  tin-  prohibition,  because  the  African 
Slave  Trade  is  contrary  t"  the  good  policy  of  the  State:  n<>t  for 
the.  reason  that  it  is  against   good   morals:     1  believe  the  traffic 
to  be.  sinful;   but  this  is  nut  the  sole  ground  of  my  oppositirin  t-> 
ii.     1  would  prohibit  it  as  a  great  evil  t<>  the  South. 

What  room  will  we  have  for  our  white  population,  when  the 

ports  of  the  country  shall  have  been  opened  to  slaves  Iron: 
Africa?     Even  now  a  considerable  pari  of  the  white  population 

of  the  country  OCCUpy  the  inferior  lands.      Shall  we  drive  thciu  to 

he  mountains,  or  force  them  to  remove  to  the  Northern  State*. 
•o  make  room  for  African  slaves  not  wanted  by  the  country? 
It  is  well  known  thai  the  Border  Slave  States,  as  well  as  tli. 
thern  States,  Suppose  thai  the  opening  of  the  Slave  Trade  U 
one  of  the  chief  objects  of  a  Southern  Confederacy.  I  am  for 
letting  them  righl  on  this  subject,  bo  far  as  this  State  is  concerned, 
sod  with. mt  dela\ .  No!  one  of  the  Border  States  would  conseni 
bo  join  the  Southern  Confederacy,  and   take  the  African  Slave 

I Y.i.ie.  \\Y  owe  ii  to  our  fellow-citizens  in  those  States,  to  our 
selves,  and  to  the  cause  Of  the  Whole  South,  to  place  the  State  ol 
Alabama  in  its  true  and  appropriate  position  upon  this  important 

pjestion. 

Mil.  1 'tnrr.ii  said  : 

Mr.  President  —The  question  before  us  demands  that  oven 
member  of  this  Convention  shall  take  position,  either  for  the  Sub 
atitute  or  the  Ordinance  reported  by  the  Committee.  And  it 
-  really  appear  to  me,  sir,  thai  the  debate  which  has  sprung  up 
here,  has  taken  ■  very  wide  range  and  a  strange  course.  It  is 
|uite  astonishing  to  me,  sir,  that  the  Slave  Trade  itself,  and  the  in 
ititution  of  slaven  as  it  now  exists  amongal  us,  should  be  treated 


TI1K     CONVENTION     OF     Al.VKAMV  211 

of  :is  if  they  were  perfectly  identical  in  point  of  morality  :  and 
more  astonishing  still,  to  hear  such  sentiments  ;is  have  been  uttered 
upon  this  floor,  in  regard  to  this  trade. 

Now,  sir,  it  is  not  perceived  how  any  thing  thai  can  be  said,  con 
cerning  the  morality  or  immorality  of  the  African  slave  jrade. 
can  be  considered  pertinent  to  the  question  now  before  us.  Yet, 
as  this  subject  has  been  introduced  here,  I  am  free  bo  saj  that. 
while  I  conscientiouslj  believe  thai  it  is  our  duty  to  support  and 
perpetuate  the  institution  of  slavery  as  it  is,  still  it  is  my  honest 
conviction  that  the  Slave  Trade,  as  It  was  formerly  carried  on,  anil 
as.  in  all  probability,  it  will  he  conducted  in  future,  it'  tolerated, 
is  immoral  in  its  tendency  and  effects. 

This  view  of  the  subject  does  not  necessarily  involve  in  guilt 
those  who,  by  purchase  or  otherwise,  ma)  become  the  owners  of 
slaves. 

This  questibn  certainly  ought  to  lie  settled  on  principles  of  po 
llcy  alone;  and  the  Slate  of  Alabama  ought  to  adopt  such  mea 
Hires  as  her  present  sovereign  and  independent  position  demands  : 
and  she  should  assume  such  ground,  <>n  this  important  question. 
as  will  place  her  in  a  proper  attitude  before  the  world.  That  this 
may  he  dene,  ii  appears  to  me,  sir.  that  a  positively  Prohibitory 
Ordinance  is  preferable  to  a  mere  resolution  of  instruction,  which 
may  or  may  nol  in'luenc.  the  action  of  the  approaching  Southern 
<  lonvention. 

All  the  arguments  offered  in  support  of  the  Substitute,  upon 
which  we  are  sdon  to  east  a  vote,  appear  t"  lie  founded  upon  thi 
assumption  that  a  Southern  '  Jonfederacy  will  very  soon  he  formed. 
But  it  should  be  remembered  that  such  a  Republic  exists  at  pres- 
ent only  in  prospect,  and  nur  hopes,  in  this  regard.  may  or  may 
not  he  realised.  It  therefore  becomes  US  1"  act  in  nur  present 
condition,  as  true  policy  dictates  to  he  best.  And.  as  the  Ordin 
anee  will  more  effectually  secure  the  "live;  sought,  I  prefer  its 
adoption  to  that  of  the  Substitute. 


\vn  m>k  wviv.  troops  ik<>m  Florida. 

Mu.  Cucmens,  from  the  Committee  on  Military  Affairs,  mad < 
the  following  report  : 

The  Committee  on   Military  Affairs,  to  whom  was  referred  11 

Liesolution,  requesting  the  Governor  to  lecall  the  Alabama  Volun 

i,  now  stationed  at  or  near  Ponsaoola,  in  the  State  of  Florida. 

have  had  the  sane-  under  consideration,  and    instructed    me   !• 
port  back  the  same,  and  recommend  its  adoption. 


212  BISTORY     \NI'    DBBATBfl    Of 

SEI  ELE7    SES8ION 

Mi..   <  'i  i  mis-  said  : 

1/  .  President—I  have  examined,  with  moch  care,  the  proposi- 
tion which  lias  been  by  me  submitted  to  tin-  Convention;  and  I 
have  come  to  the  conclusion  thai  the  Alabama  Volunteers 
oughl  t-i  In-  withdrawn  from   Florida  at  this  time.     It  is  under- 

st I,  from  communicationa  made  in  conversations,  by  Mr.  Majory, 

laic  Senator  in  the  Congress  of  the  I  nited  States,  from  Flo- 
rida, thai  there  lias  been  an  agreemenl  with  Mr.  Toucey,  Secre- 
tary of  the  \a\\  of  the  United  States,  thai  there  are  to  be  no 
hostilities  in  Penaaoola  harbor,  l>\  the  United  States  forces,  until 
tin-  4th  of  March.  It'  this  be  true,  and  <>)'  that  there  can  l>e  u<> 
doubt,  there  is  now  )i"  use  for  <>ur  troops  iii  1-  lorida. 

The\  are  there  without  the  slightesl  military  preparation,  hay- 
ing been  ordered  off  in  great  haste;  and  many  of  them  have  left 
their  business  entangled  and  their  families  net  provided  for. 

These  considerations, however,  might  not  he  of  much  weight, 
if  the  services  of  these  t roops  v» ere  essential  to  Florida  or  to  the 
public  safety  at  Pensacola.  Hut  there  is  a  day  coming,  sir.  wh<  ti 
the  services  of  these  troops  will  be  needed — needed,  too.  in  all 
their  vigor;    and   for  that  daj   it   is  our  duty  to  provide. 

The}  are  now  quartered  in  a  place  where  they  themselves  are 
satisfied  that  their  time  ia  wasted,  and  the}  can  do  nothing  for 
their  country.  The  life  of  idleness  which  they  now  lead,  will 
disgust  them  with  military  service,  and  they  will  grow  wear)  of  the 
camp  Ix  fore  they  have  an  opportunity  to  exhibit  their  valor  or  to 
u.sc  their  arms. 

I  read  i  roii i  a  letter,  jus]  recen  ed.  by  one  who  is  well  posted  op 
this  subject  : 

Warrington   Navy   Yard,   Florida,) 
January  -J<'>.  1861.      » 

I'tur  Sir:  I  received,  last  night,  yum-  obliging  favor  of  the 
22nd  instant,  and  I  hasten  to  give  \<<u  m\  views  of  our  military 
position  and  condition.  <  >n  the  l.">th  instant  we  arrived  herewith 
upwards  of  too  men,  which  made  our  force  here  about  1 ,000  men. 
Since  then  about  400  others  have  arrived,  which  makes  our  pres- 
ent number  1.400*.  We  came  under  the  belief  that  all  things 
wen  ready,  and  that  an  assault  would  he  made  upon  Fori  Pick- 
ens ui  t  '\  pnty-four  hours  after  our  arrival.  We  hastily  hit  import- 
ant business  at  home,  and  many  left  clerkships  and  unprovided 
families,  with  the  assurance  of  an  earh  return.     We  have  been 


THE    CONVENTION    OF    ALAliAM  A.  "213 

here  now  twelve  days,  in  utter  supineness  and  Indolence,  doing 
nothing,  and  despairing  o£  our  doing  any  thing,  The  most  intense 
diagUBt  and  dissatisfaction  pervades  the  camp. 

We  have  had  abundant  time  to  put  ourselves  in  an  impregna- 
ble position,  bat  we  have  done  almost  nothing;  Fort  McRae, 
which  is  the  second  best  position,  is  in  our  possession,  but  utterly 
neglected.  For  an  entire  week  it  was  left  unoccupied,  and  now 
it  is  occupied  by  one  company  of  light  infantry.  Not  a  gun  is 
mounted,  though  150  are  there)  and  among  them  three  yery  fine 
new  columbiads.  There  is  also  there  an  abundance  of  ommu 
nition. 

From  this  letter.  Mr.  President,  and  from  other  sources  of  re- 
liable information,  I  am  satisfied  that  these  troops  are  becoming 
heartily  discouraged  at  Pensacola,  and  if  we  persist  in  keeping 
them  in  this  situation,  we  will  l>e  spoiling  our  best  soldiers. 

Ma,  Watts  said  : 

It  is  understood  that  the  steamer  Brooklyn,  with  two  compa- 
nies for  the  reinforcement  of  Fort  Pickens,  has  recently  sailed  for 
Pensacola.  I  las  the  Chairman  of  the  Committee  on  the  Military 
[Mr.  Clemens],  any  distinct  information  as  to  the  terms  of  the 

agreement  spoken  of]  1  am  unwilling  to  trust  implicitly  to 
rumors  of  agreements.      What  is  this  agreement? 

Mr.  Clemens  said : 

I  know  nothing  more  of  the  terms  of  the  agreemeni  than  what 
is  derived  from  Senator  Mallory's  statements,  before  referred  to. 

The  gentleman  [Mr.  Watts]  is  right  as  to  the  sailing  of  the 
Brookh  n  ;  but  we  ha\  e  no  certain  information  as  to  her  destina- 
tion. Doubtless  it  is  for  Pensaeola.  But  we  have  no  means  pi 
preventing  this  reinforcement,  The  Macedonia  is  now  in  the 
neighborhood  <>t'  Fort  Pickens,  sic  has.  doubtless,  before  this 
time,  reinforced  the  garrison  at  Fort  Pickens. 

I  have  as  little  confidence  in  agreements  with  Mr.  Buchanan  as 
the  gentleman  from  Montgomery  has.  I J  u  t  we  cannot,  by  keep* 
ing  the  troops  in  Florida,  prevent  these  contemplated  reinforce- 
ments.     For   this   servie ir  troops  are   utterly  useless  ;it  this 

time,  with  such  means  as  are  at    their  command. 

Mit.  Brooks,  tic  President,  [Mr.  Webb  in  the  Chair,]  Moved 
to  amend   by  inserting  after  "Governor,"  the  word.-,  ••if,  in  his 


21  J  H  I-I"i;\      1KB    DEBATES    Of 

discretion,  the  public  good  should  ro«jiiirc  it."  This,  it  seems  td 
ne,  Mr  President,  will  reach  the  views  even  of  those  wl  o  seesa 
most  earnestly  to  favor  the  passage  of  the  Resolution.  I  do  Dot 
profess  to  here  military  experience,  but  baring  confided  this  mat 
t<-r  to  the  Governor,  I  think  it  ougkl  to  be  subject  .-till  to  his  dU- 
oretion  and  better  judgment.  It'  this  amendment  he  odopl 
the  Governor  can  then  be  controlled  by  Mich  eironmstances  and 
exigencies  ss  may  now  Burronnd  him,  or  as  may  hereafter  ari&e. 
1  was  present  [with  Mr.  Morgan,!  at  the  interview  between  Mr. 
Mallary  and  the  Governor.  I  am  satisfied,  from  my  understand- 
ing of  the  substai  c*e  of  that  interview,  that  it  would  be  highly 
improper  and  nowise,  now  to  withdraw  the  troops. 

[Here,   Mr.  Brooks  stated  hi-  understanding  of  the  interview 
-in  the  Governor  ami  Mr.  Mallary.] 

In  this  interview,  Mr.  Mallary  ami  the  Governor  discussed  the 
propriety  of  removing  tin-  troops.     Tin'  conclusion,  as  I  under- 
stood, was,  that    it  would  !>>•   improper  now  to  withdraw   them — 
lially,  unless  the  Governor  of  Florida  should  recommend  it. 
Mr.  Mallary  at  first  wished  the  troops  withdrawn,  hut  changed 
his  opinion.      This  change  <>l   Opinion  was   the   result  of  a  full   in- 
gation  of  the  subject. 
If  thi-  Cuii  vent  inn  wishes  to  take  upon  itself  to  be  the  Command- 
er-in-Chief "f  Our  Military  Operations,  We  will  have  a  good  ileal  to 

do. 

Ifi   conclusion    is,  that    we    should    leave    thi-    matter    with    the 

Governor,  in  whose  discretion  we  have  already  placed  it.  and  in 
whom  we  have  reason  t<>  place  the  utmost  confidence. 

Mn  Clemens  -aid : 

The  Convention  may  not  Wish  to  take  upon  itself  to  lie  Com- 
inamler  in  Chief  of  (nir  Military  operations,  hut  the  Convention 
did  take  charge  sf  this  thing.  Our  Resolution  authorized  the 
Governor  to  -end  troops  to  Florida.     This  was  against  my  protest; 

and  if  we  have  taken  one  WtOBg    step,  it  is  no   harm  to   retrace  it 

I  have  no  objection  to  invest  the  Governor  with  all  reasona- 
ble discn  tion.  There  is  no  discourtesy  meant  towards  either  the 
Governor  of  Florida,  or  to  the  Governor  of  Alabama.  This  Res- 
olution has  been  postponed  until  to-day,  in  deference   to  the  Gov 

ernor. 

A-  to  the  suggestion  of  the  gentleman  from  Mobile,  [Mr.  Dar 
«UI,]  that  if  reealled  they  ought  t"  he  sent  back  if  necessary  ; 
this  would  he  improper.     We  will  have  nori^ht  to  send  them  hack 


TMR    CONVENTION    OF    ALABAMA.  2  li> 

— no  right  to  impose  any  new  restrictions  or  regulations  on  them. 
They  went  without  terms. 

Mr.  Bkooks  said: 

t  withdraw  my  proposed  amendment,  and  offer  another,  which  J 
think  will  reach  the  whole  matter:  strike  out  the  word  "required" 
;tml  insert  the  word,  "authorised." 

Mr.  Williamson  said: 

Mr.  President — I  have  great  regard  for  the  opinions  and  wishes 
of  the  Governor.  He  is  wise  and  prudent.  If  he  thinks  these 
troops  ought  not  to  be  withdrawn,  we  ought  to  stand  by  him.  If 
is  already  said  that  Fort  Pickens  has  been  reinforced.  If  we 
withdraw  our  troops  it  will  be  said  that  we  have  backed  out,  and 
the  news  will  be  heralded  from  one  end  of  the  country  to  the  other 
— despiriting  our  friends  and  giving  aid  and  comfort  to  our  enemies 

Mn.  Mokc.an  said: 

Mir.  PrttidecM — The  proposition  to  withdraw  our  troops  from 
Pensacola,  involves  many  delicate  questions  of  duty  and  policy, 
viewing  it  in  every  light.  I  am  constrained  to  differ  from  the 
opinions  advanced  by  the  distinguished  Chairman  of  the  Com 
tnittee  on  Military  affairs.  Having  no  knowledge  of  military 
science,  and  no  experience  to  aid,  I  can  only  decide  for  myself  tin 
course  we  should  pursue,  by  accepting  one  or  two  propositions  in 
volvcd  in  the  Resolutions  as  they  address  themselves  to  a  man  o< 
common  sense.  It  has  been  stated,  on  high  authority,  that  tin 
I>av  of  l'ensacola  is  so  commanded  by  the  forts  and  batteries  in 
our  possession,  that  no  hostile  fleet  can  enter,  although  it  may  be 
supported  by  the  whole  power  of  Fort  Pickens.  It  is  stated,  also. 
that  a  war  vessel  can  reinforce  Fort  Pickens  in  despite  of  any  bat- 
teries we  have  the  means  to  plant  on  Santa  Rosa  Island.  If  Fori 
Pickens  has  not  already  boon  reinforced,  it  may  be  assumed  as  i 
fact,  that  it  will  be  reinforced  whenever  the  United  States  Govern- 
ment chooses  bo  do  BO.  Certainly,  with  a  full  trarrison,  and  with 
the  assistance  of  a  fleet  that  could  sweep  every  approach  by  lam 
to  Fort  Pickens,  the  reduction  of  that    Portress   ma;  •  eted 

to  terminate  the  war,  if  war  ensues.      This   will    be    the    Mai 

military  operations,  to  1 Ktended  into  Alabama,  Qeorgia,  and 

Mississippi,  and  even  as  for  North  as  Tennessee,  and  will  be  tin 
last  position  that  we  can  take  in  the  war.      Our  only  hope  of  de- 


2 1  <*i  HISTORY     AM)    DKI1ATKS    (>> 

fence  in  that  quarter,  oocsists  in  oar  ability  to  prevent  the  intre- 
inotion  of  war  ships  into  Penaacola  Bay,  and  to  prevent  the  land- 

8  force  on  the  main  hunt  in  BUOb  position  as  to  keep 

►pen  oommanioations  with  Fort  Pickens.     Should sneb  rbreeeffeol 
a  landing,  and  secure  Balances  and  Fort  McRea,  we  would  be  at 
■  .  disadvantage,  and  might  expect  to  be  overran,  until  the  line 
►f  the  invading  force  should  lie  so  weakened  by  extension,  that 
aid  break  it. 
II'  these  are  correct  views  of  the  question,  it  is  a  matter  of  the 
aeet  importance  that  we  Bhould  hold  our  position  near  Pense- 
•nl.i  at  every  hazard,  and  regardless  of  expenses      To  abandon  the 
ts  on  the  Bay,  or  to  leave  them  open  to  attack,  would  lie  to 
peril  everything  without  anj  corresponding  advantage,-or  any  real 
•necessity.     Two  reasons  have  been  nrged  why  we  .should  with- 
draw the  troops.     'Idic  first  is.  the  pacific  disposition  of  the  Pres- 
ident, and  the  other  is.  the  irregular  manner  in  which   our  tn 
have  been  raised  and  organised  for  this  service,  tending,  as  \&  ;d- 
ledged,  t"  cause  them  to  be  dissatisfied,  and  giving  ground  for  ap- 
11  that  they  may  become  demoralized  by  a  life  of  wasting 
ivitv.      1  have  as  much  faith    in  the    paoific   intentions  of  the 

President  as  could  be  inspired  by  frequent  and  positive  assuran- 

i  f  peaceful  intentions  on  bis  part,  and  by  several  acts,  which 

-ooHcr  or  later  he  has  sanctioned,  tending  directly  to  war.     1  hope 

the  President  ifl  pacific,  hut  faith  shudders  to  plant  its  feet  00  un- 
certain ground.  If  the  President  and  Cabinet,  with  their  advie- 
iatend  to  keep  the  peace,  they  will  add  an  agreeable  feature  to 
•i  list  of  disappointments  of  a  disagreeable  character.  Still,  1 
hope  for  peace  during  the  present  administration,  for  no  man 
plight  willingly  to  commence  war  who  cannot  possibly  conduct  it 
conclusion,  Mr.  Buchanan  ought  not  to  bequeath  to  .Mr. 
Lincoln  the  opportunity  to  continue  a  war,  or  to  conclude  o  peace 

ipOH  terms  disparaging  to  Ids  reputation.      Bui  war  exists  at  l'ensa- 

[oca,  if  the  President)  ox  the  Congress,  chooses  to  r<  cognise  the  fad , 
Our  troops,  under  command  "t  the  Governor  of  Florida,  made  wax 

in    Commodore    Arm&trong    at  th      Navy    Yard,  and  demanded  its 
•surrender  to  the  power  of  superior  force.     The  United  States  flag 

hauled  down,  and  another  Bag  was  hoisted  ami  sainted.     True, 

his  was  done  in  reply  to  a  warlike  movement  on  the  part  of  Lieu- 
tut  Blemmer,  who  destroyed  what  munitions  of  war  he  could 

lot  remove,  and  having  spiked  the  gueo  in   Barranoaa,  retreated  to 

Kort    Pickens.       Bat    whoever    opened    the    war,    it.    certainly    was 

eouted  until  the  Navy   Yard  wai  surnemlered    to  the  State  of 

rida,  and  it  is  now  held  as  a  conquered  post.     The  President 

bt  conceive    that    it  would  he  lawful  and    proper  to  attempt  to 


TEIK    CONVENTION     OF     AI.A11AMA.  217 

retake  the  position,  now  in  possession  of  our  troops,  by  the  die- 
play  Qf  a  superior  force — a  demand  and  surrender.  An  1  lie 
might  signalize  the  fact  by  hoisting  the  United  States  flag  when 
it  iloated  over  Commodore  Armstrong,  in  the  place  of  the  flag  now 
floating  over  the  Navy  Yard. 

If  our  troops  are  withdrawn,  and  if  Florida  ami  Mississippi 
should  imitate  the  example,  these  posts  Would  at  once  be  occupied 
by  United  States  troops,  and  still  no  blood  would  he  spilled.  Once 
reinstated  in  that  position,  we  might  never  expect  to  regain  the 
possession  of  these  forts  and  batteries  from  the  I'.  8.  t loops  with- 
out great  loss  of  life.  Looking  at  the  matter  in  tins  light,  I  can 
see  nothing  but  danger  in  the  movement,  if  we  now  abandon  tl 
forts,  as  we  must  do  if  our  troops  are  withdrawn,  I  agree  that 
the  troops  there  now  arc  exposed  to  many  perils  incident  to  a  gar- 
rison life-,  and  to  the  more  serious  danger  of  becoming  disgusted 
with  the  service.  I  also  agree  that  they  are  under  no  legal  com- 
pulsion to  remain  there,  and  1  am  anxious  to  see  their  places  sup- 
plied by  regular  soldiers,  or  Volunteers,  for  a  fixed  term  of  service, 
I  doubt  not  but  that  many  of  those  now  at  l'ensacola  would  remain 
fof  a  term  of  service,  and  1  feel  sure  that  not  a  man  there  would 
return  home  if  he  could  know  that  his  services  were  needed  by 
the  State.  No  duty  would  be  irksome  to  them,  if  the  State  would 
he  benefited.  So  soon  as  we  can  supply  their  places,  they  ought 
to  be  relieved.  We  owe  it  as  a  duty  to  these  gallant  men  who 
suddenly  answered  the  call  of  the  State,  ami  took  up  the  line  of 
march  for  the  service  of  the  State  with  unquestioning  devotion  to 
its  cause.  lint  by  all  means,  and  at  every  sacrifice,  let  US  main- 
tain our  ground  at  Pensaoola.  The  impossibility  of  maintaining 
our  position  there  ought  never  to  be  admitted  until  wc  have  made 
every  effort  to  that  purpose.  If  an  enemy  can  disembark  troops  at 
l'ensacola,  accompanied  witli  heavy  batteries.  Mobile  would  soon 
fall  into  his  hands,  and  Fort  Morgan  would  be  cut  off  from  commu- 
nication with  the  interior.  New  Orleans  would  be  an  easy  prey, 
and  the  commerce  of  the  Mississippi  would  fall  into  his  hands.  If 
there  is  another  point  on  the  (lull',  within  striking  distance  of  Mo- 
bile or  New  Orleans,  where  a  fleet  bould  so  successful  I  v  disembark 

large    masses  of  troop-   and    heavy  guns,  I  am  not    aware  of  it.      1 

take  it  for  granted  that  if  there  is  am  h  ■  point,  the  military  skill 
of  the  United  States  officers  would  have  placed  it  in  a  strong  posi- 
tion of  defense.     I  mu-t  believe  that  the  loss  of  our  present 
fence.-  a:  Peosaoola  would  expose  u  to  the  greatest  We 

will  not  advance  the  cause  »f  Peace  by  a  retreat  from  the  Fortifi- 
cations we  have  taken,  nor  by  receding  from  the  position  «' 
sumed  in  demanding  their  surrender.     If  the  policy  of  the  United 


218  HISTOID       \NH     HKIIATKS     OF 

States  is  tn  make  war.  if  will  not  be  Wanting  in  various  pretexts  to 

justify  the  coarse,  [f  the  policy  of  thai  Government  is  to  be  peace- 
ful, it  will  doI  find  occasion  of  offence  towards  us.  because  ire  oo» 
itdered  the  conduct  of  Major  Anderson  at  Port  Sumter,  and  ol 
Lieutenant  Sletnmer  at  Port  Pickens,  as  a  threat  of  war.  I  fully 
justify  the  course  of  Gov.  Moure  in  seising  t h.-  Ports  and  A.reenah< 
in  Alabama,  and  would  feel  vn  \  happy  to  justify  the  Governor  of 
Florida  if  ho  had  taken  Fort  1  'it-kens  even  at  the  sacrifice  of  life. 
I  impute  no  blame  to  him  that  he  did  not  act  more  promptly,  for 
wc  well  know  that  Florida  wa>  unprovided  with  Boldiers  at  the  crit- 
ieal  moment,  and  that  Alahama  was  still  banging  suspended  in 

douhtful  discussion  on  the  Ordinam f Secession. 

Aj  the  proposition,  which  I  have  advanced,  to  raise  five  hundred 

men  by  enlistment  t"  supply  the  plaees  of  the  Volunteers  now  at 
Pensaeola,  does  nut  meet  the  approbation  of  the  Chairman  of  the 
Committee  on  Military  Affairs,  1  wiH  on  to-morrow  submit  another 
plan,  by  which  the  existing  Ordinance,  in  reference  to  military  pre- 
parations in  the  State,  can  he  extended  to  the  protection  of  the 
coast  defences  of  the  Gulf,  and  so  as  to  prevent  or  repel  invasion 
in  that  quarter. 

M  R.  JxHISOfl  said  : 

I  ana  no  military  man.  and  for  this  very  reason — for  the  satis- 
faction of  myself  and  those  who  are  not  military  men — it  is  pro- 
per that  all  military  movements  <>f  this  character  should  be  sus 
tamed  by  arguments  addressed  to  our  common  sense,  so  that 
even  he  who  i>  no(  a  military  man  may  be  convinced  to  his  sat- 
isfaction. 

I  saw  no  reason  tin-  Bending  these  troops  to  Florida,  in  the  firsl 
place.  The  argument  then  Was,  the  Governor  wishes  it.  Now. 
when  we  propose  i"  withdraw  them,  it  isobjected  to  forthc  same 
reason-  -  the  i  Jovernor  objects  t<>  it. 

The  condition  of  <>m-  soldiers  who  are  now  in  the  Ports  is  dis- 
agreeable to  them,  and  unprofitable  to  us  and  to  the  public  ser- 
vice. They  are  powerless  to  do  good  and  potent  to  do  evil, 
just,  and  its  consequence,  idleness  and  discontenl  pervade 
their  ranks.  Whj  retain  them  where  they  can  accomplish  noth- 
ing 1    shall  we  sacrifice  our  young  men,  the  very  flower  of  the 

Country,    merely     for    a     little     military     parade.'       I    apprehend 

that  there  Is  not  now,  with  military  men  of  judgment,  any  one 
who  thinks  of  attacking   Fori    Pickens.    There  are  not,  enough 

men   in   the   State  of   Florida  and    Alahama    both,  under  the   pic 
situation  of  affairs,  t<>  lake  this  Fort. 


THE    CONVENTION    OP     .I.ABAMA.  219 

li  is  ;is  important  to  know  when  to  fight  as  ii  is  to  fight. 
\\Y  began  this  matter  wrong  fool  foremost.     Let  us  retrace 
our  steps,   put  ourselves  right,  so  that  we  may    be  the   better  rea 

dv  to  meet  the  great   issue  when  it  comes. 

Mr.  Brooks  : 

Mr.  President — I  regret  very  tnuoh  to  differ  in  opinion  with 
the  Chairman  of  the  Military  Committee.  But  this  discussion 
has  confirmed  me  in  my  original  opinion. 

I  am  surprised  at  the  remarks  of  the  gentleman  from  Tusca- 
loosa [  Mr.  Jemison.]  I  think  he  does  injustice  both  to  the  Gov- 
ernor and  to  the  Convention.  The  troops  were  not  sent  to  I'on- 
saeola  at  the  request  of  the  Governor  of  Alabama,  but  at  the 
request  of  the  Governor  of  Florida,  through  a  telegraphic;  dis- 
patch. The  Convention  acted  upon  its  own  convictions.  The 
facts  were  adverted  to.  and  all  the  surrounding  cireunistances 
referred  to  in  an  elaborate  and  animated  discussion.  And  it  is 
the  opinion  of  many  wlio  are  best  acquainted  with  the  condition  ot' 
things  at  Fort  Pickens,  that  if'  our  troops  had  reached  Pensacola 
twenty-four  hours  sooner,  we  might  have  taken  the  Fort.  As  it 
is.  our  mission  was  not  fruitless — -if  we  did  not  get  all,  we  got 
much — large  quantities  of  arms  and  munitions  ot'  war. 

Sir.  we  have  placed  those  troops  under  the  charge  of  the  Gov- 
ernor ot'  Florida.  Would  he  not  have  aright  to  complain  should 
We  thus  unceremoniously  withdraw  them  .'  \nd  if  we  do  with 
draw  them,  what  will  lie  the  consequences ?  The  Federal  troops 
will  take  possession  of  the  places  now  held  by  our  forces.  Is 
this  desirable  1 

It  is  objected  that  there  may  lie  lilood-shed.  But  the  troop.s 
do  not  make  this  objection.  When  soldiers  consent  to  go  to  the 
field  of  battle,  they  go  with  the  expectation  that  there  will  bo 
bloodshed. 

I  do  not  adopt  the  opinion  ot'  the   gentleman  from    Tuscaloosa. 
[Mr.  Jemison,]   thai  our  troops  in  the   Forts  are  disgusted  and 
discontented.   I  have  it  from  one  who  knows — from  one  who  com 
mands  a  Company  in  one  of  Our    Forts     thai  a  different  state  of 
feeling  exists;  that  the  troops  arc  satisfied,  and  read)  for  duty. 

But,  sir.  at  all  events,  the  Governor  of  Florida  ought  to  be 
advised  of  our  wishes  to  withdraw  the  troops,  in  order  that  In 
ma)  send  his  own  to  occup)  the  Forts. 

If  we  do  withdraw   the  troops,  We  will  OCCUpy  a  wrv  awkward 

position,  not    only  before  th«    people  and  Governor  of  Florida, 

but  before  the  world.      There  is  no  rood  reason  for  such  a  course 


BI8TOB1      \M'    DEBATES    OF 

it  ihould  not  be  done.     Thea  let  the  Governor  <>!'  the  State  have 
the  discretion  to  do,  in  the  premises,  whatever  circumstances  ma) 
ant. 

M  k.  .1  SMI80M  said  : 

1  have  not  mentioned  the  authority  upon  which  I  based  my 
irk  a  as  to  tli«'  present  discontented  condition  of  1 1  * « -  troops  In 
the  Forts;  but  I  have  as  good  authority  .!•>  the  Captain  to  which 
the  gentleman  from  Perrj  [Mr.  Brooks]  has  reference,  and  it' 
that  gentleman  will  go  with  me,  1  "ill  buow  him  the  authority 
upon  w  hirii  I  spoke, 

.M k.  Watts  said  ; 

hi  Uabama  a  Republic  or  uotl  Are  wc  going  back  into  a 
Union  wjth  the  Black  Republicans  1  What  is  the  meaning  of 
withdrawing  our  troops  from  the  Forts?  What  arc  we  toddl 
\r,  we  to  abandon  our  positions  1  How  are  we  to  repel  an)  io- 
\iv  we  now  to  yield,  as  if  without  a  struggle, 
to  the  power  ol  Buchanan,  or  of  1 5  lack  Republicanism  .'  It  seems 
ao  tonic;  for  there  is  no  proposition  coupled  with  the  one  to 
withdraw,  bj  which  the  plans  of  these  troops  are  to  be  supplied. 
Sir.  we  need  Fort  Pickens  and  we  must  have  it  at  every  hazard. 

Instead  of  withdrawing  these  troops,  vi ght  to  send  more,  and 

carry  on  with  the  utmost  rapidity  «»ur  fortifications.  We  must 
do  this,  or  the  world  will  vote  us  cowards.  We  havogol  a  small 
advantage,  in  the  outset,  and  now  it  is  proposed  ev<  n  to  abandon 
that!  We  must  even  withdraw  from  Fort  Morgan,  i I  is  said! 
Shall  we  give  up  Mobile,  too  '  li  we  arc  to  be  led  hack  to  I? lack 
Republicanism  and  reconstruction,  let  u^  know  it.  I  do  not  wish 
e  led  hack  blindfolded. 

The  Forts  in  Florida  are  of  more  importance  than  the  Forts 
m  Uabama.  Tbej  are  equally  important  to  Georgia,  Louisiana 
and  Mississippi — much  more  important  even  than  Fort  Sumter. 
Florida  is  not  in  a  condition  to  take  her  nun  Forts,  bj  reason  of 
her  immense  coast.  We  must  help  her;  ami  in  helping  her  we 
lielp  ourselves.  We  must  nol  act  under  the  supposition  thai  the 
Southern  Congress  may  do  this  or  that.  We  do  not  know 
.    the  <  Congress  will  do. 

M  a.  '   i  i  mi:ns  said  : 

M, .  I  -I  have  listened  to  the  gentleman  from   Mont- 

room  rj .  [Mr.  Watts,]  with  a  greal  deal  of  pleasure,  as  I  always  do; 


THE  CONVENTION  OF  ALABAMA.  221 

though  it  would  be  difficult  to  conceive  a  more  complete  misap- 
prehension of  the  subject  than  he  lias  exhibited.  The  question  is 
not  whether  \\c  can  take  Foi-t  Pickens,  nor  yet  whether  we  ought  to 
take  it.  It  is  much  more  simple  in  its  character,  and  requires  for 
its  proper  understanding,  neither  military  knowledge  nor  Learn- 
ing of  any  kind.  It  tea  plain  question  of  justice  to  men  who  have 
manifested  a  most  commendable  alacrity  to  obey  the  call  of  the 
State. 

The  volunteers  now  at  Pensacola  went  there  under  an  order 
from  this  Convention,  explicit  and  unmistakable  in  its  terms. 
They  were  sent  there  to  remain  only  faring  the  delibe  <it',<>  «,■  of  this 
body  v-pon  the  Ordinance  <>f  Secession.  In  point  of  fact,  that 
time  has    passed.      By  no   rule   of  construction   can    il    lie   held  to 

extend  beyond  to-morrow  when  our  adjournment  shall  take  pli 

Many  of  them  abandoned  profitable  situations  at  home  to  obey 
OUT  orders.  Sunn-  of  them  left  families  without  the  means  of 
support  during  a  lengthened  absence.  All  of  them  went  at  a 
day's  notice,  and  all  of  them  were  unprovided  with  the  most  com- 
mon necessaries  for  a  campaign.  Those  necessaries  have  not  been 
supplied  l>\  this  State,  ur  the  State  of  Florida.  Contrary  to  all 
military  rule,  the  command  was  taken  from  their  own  officers, 
an  I  entrusted  toa  junior  in  rank.  That  junior,  during  a  temporary 
absence,  offered  to  them  a  still  grosser  insult,' by  assigning  the 
command  to  a  Captain,  lint  all  this  has  heen  sulunitted  to  m  a 
spirit  of  patriotic  devotion,  to  which  my  military  experience  fur- 
nishes no  parallel.  They  have  served  out  their  time.  The  period 
fir  which  flhey  agreed  to  serve  lias  fully  expired,  and  we  are 
gravely  deliberating  whether  we  shall  compel  them  in  remain 
contrary  to  their  wishes,  and  in  violation  of  their  agreement. 

.  we  are  at  the  beginning,  as  I   believe,  of  grave  and  long 

continued  troubles.  A\  e  are  entering  upon  a  career  in  which  the 
arm  and  the  heart  of  v\cv\  soldier  in  the  State  will  lie  n  seded  : 
and  it  is  an  unhappy  policy  to  begin  by  disgusting  and  demorali- 
zing the  most  enthusiastic  of  that  volunteer  army,  upon  which 
we  --hid  li-  compelled  mainly  to  rely  for  the  defeni f  our  fire- 
side--. 

"i  l;ave  no  right  to  keep  them  without  their  own  consent. 
The\  w  :it  iiptin  no  terms  l"it  the  provisions  of  an  Ordinance, 
which  has  he,. 11  fully  complied  with.  They  ma\  shoulder  their 
muskets  to-tnorrow  and  return,  ami  there  is  no  power  lodged 
am  «  her  ■  !<■  try  them,  and  punish  them  \\>r  disobedience.  Their 
officers  are  without  com  missions  from  the  State,  or  an)  authority 
but  thai  vhich  ha-  been  voluntarily  confided  to  them  l>.\  themen. 
The  privates  have  taken  no  oath,  signed  no  muster  roll,  and  agn 


'2'2'2  HlST"in     AMi    ntUATKs 

to  )i"  stipulation.     There  i-  nothing  to  prevent  tlu-ir  return  but  :i 

public  'lut  \ . 

I  gentleman  from  Montgomery  complains  that,  in  offering  a 
raaolation  to  withdraw  these  men,]  have  made  do  provision  to 
supply  their  plaa  b.  Sir,  it  was  not  necessary.  I  paid  the  gentie- 
man  the  compliment  of  supposing  that  he  knew  what  thisCon^ 
« ion.  <•("  which  he  is  a  distinguished  member,  had  been  doing.  1 
oould  not  believe  that  he  was  ignorant  <»('  the  fact  that  the  power 
o  all  which  U  ■  I"'  done   in  the   premises  had 

been  vest<  d  in  the  I  bj  the  5th  S(  <  tion  of  the  <  Ordinance, 

rovide  for  the  military  defence  of  the  State.     The    power  ot' 
the  Governor  to  aoot  pt  the  Bervi<  i  number  of  volunt 

:'(>i-  that,  or  am  other  which,  in  his  judgment,   may  be 

ssary  for  the  S.1  onlj    limited    l'\  the   restriction,  1 

they  shall  be  accepted  for  a  term  not  less  than  twelve  months, 
unless  sooner  discharged.  If  a  permanent  occupation  of  Forts 
Barancas  and  M   !.'  tempfated,  it   would  surely  I"    better 

that  tfceir  garrisons  Bhould  be  composed  of  troops  baving  the 
longest  term  ofsi  rvice  Lo  run.  I  cannot  see  the  disgrace  of  sub 
stituting  thi  one  for  the  other.     Nay,  more,  sir,  I  c  the 

disgrace  of  withdrawing  them  entirel)  without  any  intentioi 
repla  m  by  others.     Tin  dlj  hold  the  Forts  and 

the  Navi    Va  (1  by  sufl  It    is  conceded  that   they  ran  be 

compelled  Jo  evacuate  them  in  two  hours,  by  the  fire  of  bort  Pick 
ens,  aided  by  a  man-of-war.  Their. occupation  of  all  their  | 
tions  depends  upon  the  forbearance  of  their  enemies  ;  and  it  strikes 
me  that  it  would  be  more  honorable,  as,  well  as  more  prudent  to 
•vith'i  ■■:.  ,  while  a  choice  is  lefl  them,  instead  of  waiting  to  be  run 
awaj  in  disgra 

[dot  feasibility  of  taking  Fort  Pickens 

by  assault.  I  have  opinions  upon  that  point,  which  I  may  have 
another  time.  Wh.it  I  mean  to asserl  now 
is,  that  it  is  an  absurdity  to  keep  n  force  in  position  in  front  of  a 
fortified  place,  and  in  poipt  blank  range  of  its  guns,  which  i« 
powerless  to  prevent  reinforcements,  and  too  weak  even  to  <lr- 
fend  itself  if  attacked.  It'  Fori  Pickens  is  to  be  assailed  wc  want 
■  nor,-  men ;  it'  it  is  not,  we  have  too  many. 

',  are  my  opinions.     They  urc   expressed   with  entire 
pect  for  those  who  differ  from    me,  and  without   a  particli 
feeling.     I  have  apublioduty  to  discharge,which  would  be  poorh 
performed  it' I  did  not  say  that,  i"m_\  apprehension,  the  retention 

of  I  ipa  where  1 1  n  \  are  can  serve  no  g I  end,  and   mas 

be  productivi  of  serious  calamities.  Besides,]  repeat,  that  everj 
soldier  of  that  command  has  a  right— an  obsolute   right,  to  ■  •% 


THE  CONVENTION  OF  ALABAMA.  223 

j'tvi  his  recall,  and  will  have  just  ground  of  complaint  if  it  is 
not  ordered. 

To  place  myself  fairly  upon  the  record,  it  is  necessary  that  I 
should  call  for  the  '-yeas  and  noes."  upon  laying  l he  amendment 
upon  the  table,  since  the  adoption  of  the  amendment  is  equiva 
lent  to  a  defeat  of  the  resolution. 

The  Convention  refused  to  pass  the  Resolution,  and  the  matte, 
of  removing  the  troops  was  left  with  the  Governor. 


CIT1Z  ENS!  IIP. 

Mr,  Hern  don  moved  to  amend  as  follows:  "Insert  in  section 
tth  between  the  words  '"person"'  and  "vote"'  the  words,  ''natives 
of  any  of  the  States  or  Territories  of  the  United  States.' 

Mr.  Beck  offered  as  a  substitute  for  Mr.  Herndon'a  amendment 
to  insert  after  the  word  '•person*"  in  the  first  line,  ''who  at  the 
date  of  the  Ordinance  of  Secession  was  a  citizen  ol  the  United 
States  of  North  America.""      Accepted  by  Mr.  Hcrndoii. 

M  R.    Dowma  i.  said  : 

I  cannnot  vote  for  this  amendment.  Wlc  n  a  man  shoulders 
his  gun,  and  puts  his  life  in  jeopardy  to  defend  my  country,  1 
will  give  my  consenl  to  no  discriminations  against  him  because  ol 
the  place  of  his  nativity.  Already  it  has  been  stated  as  a  fact, 
thai  the  firsl  company  which  tendered  their  services  to  the  Gov- 
ernor, ready  to  march  to  the  place  of  danger,  embraced  men  ol 
foreign  birth,  who  would  be  excluded  from  citizenship  by  the 
provisions  of  this  amendment.  This  case  shows  the  injustice  ol 
Mc  law.  wiihout  the  necessity  of  resorting  to  any  supposed  illns 
tration  of  ite  impolicy.  Sir,  we  have  now  separated  ourselves 
from  the  old  Union,  and  I  hope  that  we  shall  Keep  free  from  the 
dangerous  heresies  which  not  only  marred  the  beautiful  theory  ol 
■i  Republican  Government,  bul  were  last  destroying  Republican 
liberty.  Lei  us  commence  by  discountenancing  distinctions 
among  white  men  at  the  South.  Let  there  be  nut  two  i 
persons  her*  -the  white  and  the  black,  bet  distraction  ol  color 
only,  be  distinction  of  class— keep  all  whib  men  politically  equal 
-ties),!  — let  the  negro  be  the  subordinate,  and  our 

Government  will  be  strong  and  our  Libert  I  am  pel 

v  willing  to  throw  around  citizenship  all  proper  safe-guards 


'J -J  I  RTBTOtlY    ami    DKBATM    0» 

— to  elevate  arid  dignify  1 1 1 » >  privilege,  but  nol   at  the  expen 
ulity  between  white  men,     Saj    to  the  man  who  li^lits  your 
tics — bears  the  burdens  of  Government,  that  you  hum 
vote  nor  be  allowed  a  voice  in  the  laws  under  which  you  arc  to 
live,  nor  ever  enter  into  competition  with  your  fellown  for  ; 
of  honor  in  the  civil  service  of  your  ;»< I < * | »t . -« I  eountryj  and  you 
upon  liim  the  brand  of  inferiority.     There  is  no  longer  equal- 
ity—the  greal  principle  is  violated — he  is   below  his  neighbor — 
ins  commence— -classes  are  authorized   by  law,  the  bane 
.  Democratic  Republican   Government,     There  is  no  proposi- 
tion clearer  to  my  mind,  than  this — banish  African  Slavery  from 
among  us  and  you  destroy  Democratic  liberty.     For  liberty  un- 
der the  f"i-m    of  a    Democratic   Government,    without    African 
Slavery,  is  in  my  opinion  an  impossibility.     The  necessity  of  so- 
ciety demands  the  discharge  of  menial  duties.     Those  who  shall 
discharge  them,  must  and  will  occupy  the  position  of  an  interior. 
I.  •  that  inferior  class  be  composed  of  the  African,  and  the.  equal- 
it}  of  the  white  race  is  maintained — otherwise, grades  in  Society 
will  follow,  firsl  social  then  political,  destructive  not  only  of  the 
form  but  the  life  of   Democracy.     White  people  will  be  divided 
Into  a  lower  and  higher  class,  liable  to,  and  promotive  of  constant 
conflicts,  and  tending  certainly  to  the  disfranchisement  and  slave- 
rs of  the  menial  or  inferior  class. 

Then  let  ns  beware,  and  scrutenize  closely  any  measure  which 
looks  to  i he  leusl  difference  *in  political  or  social  position  bet« 
individuals  of   the   white   race.      Whilst    it  is  our  duty    to    throw 
around  the  privilege  of  citizenship  the.  proper  safe-guards,  let  ns 
be  cautious  thai  we  do  not    plant  the  seeds  of  aristocrary  which 
,  hereafter  spring  up  and   ripen   into  a   fruitage  of  death    to 
democratic  liberty.     Lei  the  true  and  onl}    test    of  difference  in 
!  or  political  life  among  ns  be — 
"Worth  makes  the  man.  the  want  of  it  the  fellow." 

Mr,  Siiori  &indi  said  : 

Mr.  President — I  am  somewhat  surprised  at  the  reasons  as 
signed  \<\  in,  friend  from  Mobile,  [Mr.  Dargan,]  in  opposition 
to  the  III  Section  of  the  Ordinance  now  before  the  Convention. 
The  I'fFect  of  his  argument  is  to  deny  the  doctrine  of  expatriation, 
and  to  reestablish  the  old  and  exploded  dogma  of  perpetual 
allegiance,  as  expounded  in  the  common  law. 

[lb-re  Mr.  Dargan  asked  and  obtained  leave  to  explain.] 


THE    CONVENTION    OF    ALAliAMA.  2'2f> 

Mr.  Shortridob  resumed  : 

I  must  confess  that  the  explanation  of  the  gentleman  from  Mo- 
bile has  not  tended  to  enlighten  me.  He  lias  rather  thrown  a 
denser  fog  around  the  subject,  through  the  dim  obscurity  of 
which  1  am  unable  to  sec  my  way. 

In  addition  to  the  arguments  of  the  gentleman  from  Montgom- 
ery, [Mr.  Watts.]  in  support  of  the  fourth  Section,  it  strikes  me 
others  may  be  urged.  The  question  of  naturalization  or  citizen- 
ship is  a  very  different  one  now  from  that  which  agitated  politi- 
cal circles  in  1854,  53  and  '.")(!.  Then,  the  South  a&  the  weak- 
er portion  of  the  Union,  might  well  look  with  alarm  and  distrust 
OQ  the  large  title  of  emigration  which  was  Sowing  on  the  country, 
and  which  was  diffusing  itself  over  the  North  and  West.  Thus, 
the  Abolition  vote  was  increased,  and  the  anti-slavery  sentiment 
stimulated  :  and  even  in  eases  which  denied  the  right  of  suffrage 
to  the  emigrants,  they  were,  nevertheless,  rated  in  the  census, 
and  indirectly  became  instruments  to  augment  the  power  of  the 
enemies  of  Southern  institutions.  Now,  however,  the  scene  is 
changed.  We,  of  Alabama,  have  out  the  cords  which  bound  us 
to  the  Union.  We  have  no  longer  cause  to  dread  the  despotism 
of  that  majority,  whose  aim  and  end  has  been  to  stifle  justice  and 
liberty,  and  to  trample  on  the  Constitution.  Our  policy  now 
should  be  to  invito  men  to  live  with  ue  who  are  willing  to  fight 
With  us.  Wherever  a  whit*'  man  can  be  found — it  matters  little 
where  born — who  will  enlist  under  our  Hag  and  march  to  the 
field  to  defend  our  independence  and  our  homes,  he  should  he 
honored  with  the  rights  of  citizenship.  Some  gentlemen  have 
spoken  disparagingly  of  foreigners.  Sir,  I  would  as  soon  trusl 
an  Irishman  or  a  Dutchman  as  a  Yankee.  Nay,  air,  I  am  pre- 
pared to  make  the  avowal,  that  I  could  repose  more  confidence  in 
the  fidelity  and  patriotism  of  these  humble  men.  than  in  thou- 
sands of  those  natives  who  lounge  in  the  saloons  or  strut  mi  the 
streets  of   Bo8tOU. 

Then-  is  yet  another  reason  which  induces  me  to  look  with 
favor  on  the  4th  Section  of  this  Ordinance,  It  is  this:  the  Gov- 
ernment at  Washington,  in  the  event  of  war,  will  attempt  to  Be- 
duce  to  its  support,  volunteers,  bj  offers  of  large  bounties  of 
lands.  This  policy  is  already  actually  introduce, I  into  Congress. 
We  have  no  resources  of  a  similar  kind  with  which  to  invite  re 
emits.  But  ue  can  bestow  the  high  position  of  citizenship  to 
such  as  b\  their  Valor  shall  earn  it.  This  is  more  than  an  oil's,  t  ; 
for  it  carries  along  with  it  the  most  valued  privileges,  both  politi- 
cal and  personal,  which  can  be  conferred. 

I  hope  the  motion  to  stiike  out  will  not  prevail. 
15 


•J:>(;  SDTOB1      \M>    DKllATr.S    OF 

Mi:.  Wii  \ii  i.v  said  : 

Mr.  President — Hie  amendment  of  the  gentleman  from  Mobile 
[Mr.  Dargan]  proposes  to  strike  out  the  4th  Section  of  the  Or- 
ilinance,  and  thus  dew)  the  right  of  citizenship  to  those  who  shall 
actually  enlist  m  the  army  of  the  State,  ••and  be  engaged  in  ac- 
tual service"  in  the  defence  of  her  rights,  Sir,  it'  we  arc  willing 
that  they  shall  mingle  with  ns  in  the  bloody  field  of  battle,  much 
more  should  we  be  willing,  when  the  battle  is  fought  and  the  vic- 
tory won,  that  they  should  mutually  share  with  us  the  fruits  of 
our  common  toil.  Gentlemen  have  spoken  of  "  paupers  and 
criminals*"  becoming  citizens  of  the  State,  and  il*  a  stranger  had 
stepped  in  and  heard  this  debate,  particularly  the  remarks  o|  the 
gentleman  from  Mobile,  [Mr.  DarganJ  he  would  have  thoughl 
:he  gentleman  was  making  a  "  Know-Nothing*'  speech,  in  his  de- 
nunciation of  foreigners,  lint.  Mr.  President,  in  the  language  of 
Holy  Writ,  "  yt>u  shall  not  muzzle  the  ox  that  treads  out  the 
corn."     If  the\    have  entered  our  ranks;  and  thereby  manifested 

their    adherence    tooiircausc.it    is    hut  a  poor    privilege   that   we 
ihould   say  to  them,   they  may    become  citizens  of  the  land   the-, 

have  helped   to  defend. 

Gentlemen  say  that  persons  may  become  citizens,  who  have 
entered  our  army  and  not  served  exceeding  ten  days.  Well, 
grant  it.  If  they  have  entered  our  army  and  been  honorably 
discharged,  that  is  sufficient.     They  have  showed  the  quo  animo: 

They  have  made  manifest  on  which  side  of  this  great  fight  l>e- 
n  the  North  and  the  South  they  are  willing  to  array  them- 
selves— in  this  they  show  themselves  the  friends  of  equality  and 
justice  in  preference  to  fanaticism  dm!  Black  Republican  <U>mhut- 
tion.     1  would  infinitely  prefer  such  a  citizen.  he  he  foreigner  of 

pauper,  to  a  Massachusetts  Yankee,  Or  even  to  a  Southern-horn 
citizen,  whose  heart  is  with  the  North  in  this  trying  issue. 

Then,  away  with  the  idea  of  disfranchising  those. who  have 
foughl  with  lis  and  for  us,  whether  they  arc  foreigners, or  "to the 
manor  bom."  We  want  men  whose  souls  are  with  us,  and  whose 
hearts  are  in  the  right  place. 

M  !;.  Watts  said  : 

Mr.  President — Before  the  vote  is  taken,  I  beg  to  make  a  sin- 
gle suggestion;  and  that  is,  that  many  members  of  the  volunteer 
Companies,  which  have  just  entered   the  service  of  the   State,  are 

foreigners.  "Will  you,  at  such  a  time,  adopt  this  amendment, 
•nd  thereby  declare  to  these  very  soldiers,  that,  although  thej 
nay    go  and  fight  the    battles  of  the  country,  still,  they  shall  no! 

lie  citizens  ? 


THE  CONVENTION  OK  ALABAMA.  22! 

Mu.  Heundon  : 

Mr.  President — Influenced  by  the  remarks  of  the  gentleman 
from  Montgomery,  [Mr.  Watts,]  just  made,  I  shall  vote  against 
my  own  amendment. 

Mr.  Smith,  of  Tuscaloosa,  said  : 

Mr.  President — The  views  I  have  held  upon  the  laws  regulating 
naturalization  have  been  considered  as  ultra. 

The  reasons  and  arguments  surrounding  this  question  under  a 
new  Confederacy,  in  which  will  probably  not  be  included  an) 
except  slaveholdlng  States,  will  be  materially  changed.  The  pro- 
clivities of  a  foreigner's  mind  are  always  with  the  majority  of  the 
community  in  which  he  settles.  The  popular  current  controls 
him.  If  he  goes  amongst  Free-soilers,  he  will  have  free-soil  pro- 
clivities. If  he  goes  amongst  Slaveholders,  he  will  have  slave- 
holding  inclinations.  We  have  lived  to  see  the  greal  North-west 
controlled  by  foreigners  to  a  very  great  extent.  The  few  that 
have  settled  in  the  South  are  true  to  Southern  institutions. 

But,  without  touching  the  merits  of  the  main  question,  the 
subject  upon  which  I  am  now  called  to  vote  being  only  for  the 
moment,  and  n<>t  to  settle  the  question  of  citizenship  perma- 
nently, I  am  willing  to  say.  that  my  stringent  views,  at  all  events, 
will  now  be  relaxed,  under  the  suggestions  made  by  the  gentle- 
man.from  Montgomery,  [Mr.  Watts.]  for  I  think  that  whoever 
enters  the  arm)'  of  the  State,  with  an  honest  view  of  fighting  for 
her  honor  and  independence,  ought  to  be  admitted  to  citizenship. 
Therefore,  1  vote  against  the  amendment. 

Mk.  Webb  said  : 

Mr.  /'reside/it — I  do  not  agree  with  the  gentleman  from  Tus- 
caloosa |  Mr.  Smith. J  Thai  a  foreigner  should  be  willing  to  en- 
list in  the  service  of  the  State  is  not  a  reason  sufficient  to  induce 
me  to  change  my  opinions  on  the  great  question  of  naturalization. 
I  think  that  the  foreigner  who  enjoys  a  residence  in,  and  the  pro- 
tection of,  the  State,  and  who  refuses  in  time  of  danger  to  light 
•Or  her.  OUghl  to  be  hung. 

d'iiis  discussion  was  c  mtinued  som  i  time,  when,  upon  the  vote 
being  taken,  Mr.  Herndon's  amendment  was  lost. 


228  DISTORT     \M>    DIBATtt    OF 

DEBATE  ON  THE  AFRICAN  SLAVE  TRADE 
RESUMED. 

Mr.  Yklvbrtoh  said  : 

Mr.  President — [do  not  flatter  myself  thai  what  !  am  about  t<> 
say,  will  i"eceive  the  sanction  of  1 1 1 1  --  Com  ention,  or  the  approba- 
tion 01  thin  age.  We  are  beset  with  prejudices  and  preconceived 
opinions  'Hi  nil  the  questions  of  slavery  opinions,  which,  I  appre 

lioiii  it  closely  examined,  will  l>e  found  to  have  taken  this  origin 
from  the  arguments  of  our  ettemiei — men  and  classes,  who  for 
years  B8ve  been  industriously  employed  in  the  Bingle  business  of 
holding  up  this  institution  in  aspects  of  exagerated  deformity 
which  have  made  it  hideous  in  the  estimation  of  mankind. 
Even  the  friends  of  this  institution,  as  it  exists  amongsl  us.  have 
been  more  or  less  imbued  with  something  approaching  to  preju- 
dice, on  that  particular  branch  of  the  Slave  question  which  I 
am  now  about  to  approach.  Most  of  von  here  will  differ  with 
me  now— but  I  look  forward  with  the  fullest  confidence  to  the 
time — and  that  no  distant  day — when  I  shall  he  vindicated,  and 
the  opinions  I  now  hold  and  utter,  will  he  the  prevailing  senti- 
ment of  an  enlightened  nation — the  decision  of  the  whole  coun- 
try, recognized  and  adopted  after  the  maturest  deliberation  and 
the  best  experience. 

Sir,  I  am  neither  for  the  opening  of  the  African  Slave  Trade 
now.  nop  for  closing  it  forever.  I  wish  to  place  the  question  in 
a  shape  to  he  settled  hereafter  bj  our  own  pcoph — in  our  own 
councils,  and  in  our  own  way. 

I  here  read  an  Ordinance  which  shadows  forth  my  views,  and 
which  I  would  propose,  if  circumstances  would  allow.     [Mr.  Y. 

read  as  follow  |  :  | 

S     .1.   Be  it  ordained  and  declared  by  the  people  of  tin-   State 

'</'  Alabama,  in  ('"/nun/ion  Assembled,  'That  the  State  of  Alabama 
will,  and  hereby  does,  retain  exclusive  jurisdiction  and  control  for 
herself  of  the  question  of  the  African  Slave  Trade ;  and  hereby 
vests  in  the  Legislative  Department  of  the  State,  full  powers,  at 
all  times  to  legislate  for  Alabama  upon  that  question,  in  accord- 
ance with  tin-  future  will,  necessity  and  circumstances  of  the  peo- 
ple of  that  State. 

Si. i  .  •_>.  /;,  it. further  ordained,  that  all  laws,  organic  or  other- 
wise of  the  United  States,  or  of  the  State  of  Alabama  in  conflict 
herewith,  are,  and  the  same  is  hereby  repealed,  so  far  as  the  State 
of  Alabama  is  concerned. 


THE  CONVENTION  OK  ALABAMA.  229 

Sec.  S.  Be  it  further  ordained,  that  a  copy  hereof  be  furnish- 
ed to  the  several  Governors  of  the  Shareholding  States — and  that 
a  copy  also  be  furnished  the  Southern  Congress,  soon  bo  assemble 
in  the  city  of  Montgomery,  in  the  State  of  Alabama. 

It  is  said  by  some  that  the  world  is  against  us  cm  the  Slavery 
question.  My  answer  to  this  (tho'  it  is  not  conceded) is— that  it' it  be 
true,  then,  we  ought  cither  to  own  all  the  Slaves,  or  surrender  all  we 
have  in  deference  to  the  unholy  prejudice  of  our  acknowledged  ene- 
mies. As  oUf  people  are  not  for  this  surrender,  let  every 
man  own  as  many  as  he  is  willing  and  able  to  buy — and  let  the 
market  to  which  he  resorts  l>e  open, free  and  unrestricted,  so  that 
the  same  laws  of  Trade  that  regulate  the  prices  of  other  commo- 
dities, may  regulate  this. 

This  question  of  Slavery  is  the  rock  upon  which  the  <  >ld  Gov- 
ernment split:  it  is  the  cause  of  secession.  Let  us  leave  it  no 
Longer  doubtful,  nor  in  a  condition  to  bring  our  New  Govern- 
ment into  new  troubles.  In  framing  a  new  Govenment,  let  us 
avoid  the  errors  of  the  old  ;  and  we  can  best  do  this  with  success 
by  laying  our  foundation  in  principle  rather  than  in  policy. 

I  am  wedded  to  principle.  ^'Principles  are  eternal."  Let  our 
policy  of  concession  and  compromise, ever  drifting  and  ever  chang- 
ing, be  forever  repudiated  by  us.  In  the  formation  of  this  New 
Government  everything  should  be  well  considered  and  thoroughly 
matured.      Let  us  do  what  we  mean,  and  mean  what  we  do. 

Suppose  the  ljorder  States  continue  to  remain  with  the  United 
States  Government — especially  the  States  of  Maryland,  Virginia 
and  North  Carolina?     These   three  States   have    been  the  great 

Slave  markets  tor  the   CottOU    States.      If    they    stay    out    of   the 

Southern  Confederacy  they  will  be  as  foreign  to  us  as  is  Africa. 
We  now  pay  them  about  as  much  for  one  negro  as  eight  would 
cost  us  from  Africa;  and  their  slaves  are  no  better  tor  labor. 
Here,  then,  we  discriminate  in  theirfavor  against  ourselves.  The 
discrimination  would  be  hard,  even  if  we  remain  theaame  people. 
Again,  would  not  our  people,  in  the  event  supposed,  feel  indignant 
at  being  compelled  to  buy   negroes  from  one  foreign  nation  at 

exorbitant  rates,  and  also  he    ( ipelled    not  /<>  buy  from  another 

foreign  market?  This  would  he  a  very  qualified  and  expensive 
liberty. 

We  often  hear,  in  tins  and  other  places,  the  word  Free  Trade/ 
Sir,  what  is  free  trade  without  a/rw  market  f  It  is  an  absurdity. 
This  discrimination  t>.  which  1  have  referred,  amounting  to  pro- 
hibition, is  the  veT)  annihilation  of  Free  Trade,  and  renders  the 
term  ridiculous. 

But  it  is  said  that  we  must    pel    the  old  States.     I  have  >  very 


230  HISTORY    AND    DEBATES    OP 

>r  them,  their  interests,  and  even  for  their  prejudices.  I 
would  yield  them  all  courtesies,  give  them  ;ill  honor.  Bui  the 
idea,  that  if  we  close  the  door  againsl  all  other  Slave  markets,  we 
will  thereby  bind  these  old  Slave  States  the  more  closely  t<>  us. 
and  thus  influence  them  to  join  us  in  the  Southern  Confederacy,  K 

in  im  estimation,  paying  these  old  States  hut  a  [ r compliment. 

It  would  be  insinuating  thai  the  mere  matter  of  a  slavi  market 
would  he  sullieieiit  to  operate  upon  their  minds  and  hearts  in 
these  great  times — times  when  tin-  minds  and  hearts  of  Freemen 
should  only  he  moved  by  the  spirit  of  patriotism  and  the  cries  of 
liberty. 

But  the  policy  indicated  in  the  Ordinance  I  would  propose, 
(which  no  doubt  is  succeptible  of  improvements  and  amendments,) 
could  accomplish  everything  we  desire  in  a   direct   way.     The 

State  would    he    vested    with    power    to    o|ieii    a  trade  or    not,  as 

circumstances  might  wan-ant.  It1  these  old  States  come  into  the 
New  Confederacy  there  would  be  no  clamor  for  reopening  a  trade 
with  Africa.  Meantime,  no  action  would  be  demanded  by  the 
people,  and  the  question  would  rest.  Now  look  at  this  question 
in  another  attitude :  suppose  these  old  States  remain  out  of  the 
New  Confederacy  and  our  people  on  Quit  account  should  desire 
to  purchase  slaves  elsewhere,  and  to  he  protected  by  law  in  doing 
Herein  your  Ordinance  is  a  Constitutional  harrier  that 
ordinan  legislation  cannot  break  down;  and  I  do  not  believethat 
such  a  barrier  should  he  erected  at  this  time,  just  as  we  are  inau- 
gurating a  new  state  of  things. 

We  know  that  slavery  exists  iii  Africa,  and  that  the  African 
slaves  for  labor  are  equal  to  United  States  slaves ;  that  the  mo- 
ney required  to  pay  the  United  States  for  one  will  pay  Africa  for 
eight.  We  know  that  slaver)  is  a  social,  moral  and  political 
blessil  Lr.  Wo  know  that  the  Bible  speaks  of  Slavery  as  an  in- 
stitution permitted  :    and  that  Jesus  Christ,  while  on  earth,  found 

slavery  in  existence  and  did  not  condemn  it,  hut  commanded 
slaves  to  he  obedient  to  their  masters;  we  know  that  neither  the 
Bible  or  the  New  Testament  has  any  decrees  for  slavery  and 
Slave  trade  in  one  country  and  against  it  in  another.     From  these 

promises  ihe  doctrine  of   States  Rights,  and  the  doctrine  of    free 

trade  i:i  Slaves  as  property,  are  deaucible. 

Your  Ordinance,  by  restricting  the  privilege  of  buying  slaves 
in  Africa  and  confining  the  market,  to  the  United  States,  seeks 
to  prostrate  at  one  fell  blow,  both  these  great  principles;  the  prin- 
ciple of  State  Rights,  in  which  all  our  public  property  centres, 
and  the  principle  of  FWi  Trade,  which  controls  the  economy, 
and  makes  or  unmakes  the  fortunes  ot  the  people. 


THE  CONVENTION  OF  ALABAMA.  231 

Slavery  and  Cotton  go  hand  in  hand  together  ;  they  have  pro 
duced  wonderful  results.  Strike  down  Slavery,  the  subordinate, 
and  your  haughty  "King  Cotton,*'  as  you  proudly  call  him — 
that  monaoh  who  has  been  the  great  architect  of  our  fortunes,  and 
who  has  erected  in  our  midst  such  a  power  that  we  have  grown,  in 
our  own  estimation  at  least,  to  be  invincible — will  dwindle  into  a 
petty  tyrant,  under  whose  embecile  administration  our  grandeur 
will  subside  and  OUT  civilization  will  perish. 

I  have  ever  befcn  astonished  at  the  shrewd  Yankees  for  making 
war  upon  Slavery,  since  it  is  known  that  slave  labor  has  built 
them  up  socially,  nationally  and  commercially.  JVbw  they  begin 
to  see  their  folly;  and  as  they  go  down — (which  process  will  be 
rapid.)  they  will  at  no  distant  day  rebuke  themselves  for  having 
placed  beyond  their  reach  the  power  to  regain  what  they  have  lost. 

It  has  been  said  that.  Europe  would  not  recognize  our  indepen- 
dence on  account  of  slavery.  This  is  a  mistake.  I  have  ever 
believed  that  the  English  are  a  calculating  people,  content  to  at- 
tend to  their  own  affairs  and  let  others  do  the  same.  They,  too, 
are  largely  interested  in  the  product  of  slave  labor.  They  have 
not  the  weakness  to  believe  that  they  arc  responsible  for  our  in- 
stitutions, any  more  than  we  are  responsible  for  their  forms  of 
Government.  We  shall  soon  have  the  pleasure  to  know  that  the 
Government  of  the  Confederate  States  is  fully  recognized  by  all 
the  nations  of  the  earth.  Soon  wc  will  be  pointed  to  as  the  great- 
est civilization  on  earth  ;  we  have  all  the  elements  to  make  us  so. 

We  are  destined  to  extend  greatly  our  productions,  and  to 
widen  the  fields  of  our  labor ;  and  with  that  expansion  there  will 
be  necessarily  an  increased  demand  for  slave  labor;  and  I  can- 
not see  the  economy,  statesmanship,  wisdom  or  justice  in  throw- 
ing obstacles  in  our  own  way. 

By  reference  to  the  history  of  this  question  it.  will  be  seen  that 
in  the  year  1787,  the  South  was  the  first  to  draw  the  dagger  up- 
on herself  on  the  slavery  restriction.  Doubtless  from  good  mo- 
tives, but  it  was  a  policy,  the  effect  of  which  in  my  opinion  lias 
caused  much,  ifnol  all  the  troubles  which  have  followed.  Since 
that  time  the  Northern  antagonism  to  Slavery  has  been  gradual- 
ly increasing.  It  was  regarded  then  as  a  means  for  its  ultimate 
overthrow.  Such  great  men  of  that  day  as  Henry,  Jefferson  and 
.lay  were  associated  with  restriction,  and  Virginia  more  decid- 
ed then  for  emancipation  than  New  York  or  Massachusetts.  The 
Hon.  T.  R.  R,  Cobb,  of  Georgia,  a  member  elect  to  the  South- 
ern Congress,  in  his  great  book  on  Slavery,  on  this  question  and 
in  this  connection  says:  MSo  general  was  the  feeling  that  the  Or- 
dinance of  1787,  which  excluded   Slavery  from  the  Northwestern 


•y.',-:  HISTORY    AND    UKOATM    01 

Territory  (out  of  which  the  present  populous  and  thriving  North- 
western States  are  formed,)  was  ratified  by  the  firsl  Congress  of 
the  United  States,  with  bul  one  dissenting  voice,  and  thai  from  a 
delegate   from  New   York,  the  entire  Southern  vote    being  oast 
in  its  favor." 

I  allude  to  this  mors  as  ■  warning  than  as  a  reflection  upon 
those  concerned. 

The  Government  was  then  in  its  infancy  :  cotton  had  not  been 

cultivated,  and  the  great  value  of  slave  labor  not  tested  ;  perhaps, 

too,  the  influences  which  ■  more  refined  civilization,  combined 

with  the  great  powers  of  religion,  had  not  shed  their  holy  influen- 

ipon,  and  smeloriated  the  condition  of  the  Slaves  themselves. 

lint  now  the  argument  is  not  that  slavery  is  an  evil,  nor  thai 
slavery  is  not  profitable,  but  the  feaw  that  fanaticism  will  be  en« 
raged;  that  slavery  mag  become  a  burden;  that  we  ma)  have 
many;  and  with  some  who  have  as  man)  negroes  as  they 
want  and  are  rich  by  the  high  price  of  their  property,  it  is  urged 
that  more  and  cheaper  negroes,  and  a  ncv  market  might  lessen 
their  estates  in  value,  bj  bringing  down  the  prices  of  negr 
and  making  productions  too  abundant.  It  is  thought  that  the 
increase  from  natural  causes  will  be  sufficient  for  all  practical  pur- 
poses;  to  that  class  of  owners  who  are  governed  b)  mere  dollars 
and  cents,  this  argument  must  be  plausible. 

I5\  fax  the  larger  proportion  of  our  people  who  aid  in  bearing 
the  burdens,  both  in  war  and  peaee,  may  take  different  views. 
They  are  as  loyal  to  the  Government,  and  to  the  institution  of 
daverj  as  arc  the  largest  slave-holders  in  the  Confederate  States. 
The)  are  not  as  able  to  purchase — many,  not  able  to  purchase  at 
all  on  account  of  the  prices  being  too  high  ;  the)  ma)  think  thai 
the)  have  al  least  equal  rights  to  a  voice  in  this  matter;  and  if 
they  do  not  desire  that  other  cheap  slave  markets  may  be  opened 
at  this  time,  yet  they  would  doubtless  prefer  that  the  privilege  to 
haw  them  >>/>'/<"/  hereafter  would  be  secured  to  them. 

We  have  vast  amounts  of  wild  lands,  which  were  unavailable, 

while  prices   were  high,    for   tli''    poor    could    not    pm-chase.      liul 

statesmen  became  liberal,  and  reduced  the  price  of  these  lands, 
by  which  millions  have  been  enabled  to  secure  homes  for  them- 
selves and  families,  who,  before,  were  houseless  and  uncomfort- 
able. Here  was  a  great  inducement  to  the  houseless  to  he  in- 
dustrious and  economical  in  order  to  enjoy  the  blessing.  1  have 
seen  the  good  effects  of  this  liberality.  It  is  everywhere  to  be  seen 
in  the  States  where  the  public  lands  remained  wild.  I  could  now 
point  out  hundreds   in   luy  section   of  thin   State,    and    within    the 

circle  of  my  acquaintance  in  Florida,  who  were,  before  the  grad» 


THE  CONVENTION  OF  ALABAMA.  288 

nation  law,  homeless,  and  in  distress,  and  who  arc  now  comforta- 
ble, making  plenty  ;  adding  to  the  wealth  of  the  country,  educa- 
ting their  children,  and  enjoying  all  the  blessings  of  comfort 
and  independence  !  These  people  feel  a  new  pride,  and  take  an 
additional  interest  in  all  that  concerns  the  general  welfare  of  the 
country;  This  class  of  citizens  could  soon  save  money  enough  to 
go  into  the  slave  market ;  and  becoming  slave-holders,  would 
thus  have  an  actual  pecuniary  interest   in  slavery. 

I  could  offer  many  other  reasons  why  the  question  itself  should 

be  left  to  the  people  of  tic  States  tbp  their  own  control  in  future, 
and  upon  such  terms  and  regulations  as  might  best  suit  their  con- 
dition. Slavery,  like  great  financial  affairs,  can  as  well  be  regu- 
lated by  time,  place  and  circumstances.  No  one  would  think  of 
banking  in  a  community  where,  from  a  want  of  trade,  money 
would  not  l»e  profitable.  Nor  will  people  buy  negroes  at  any 
price  in  time  when  slave-labor  will  be  valueless.  Those  who  cal- 
culate upon  too  much  being  produced  if  slavery  is  increased  be. 
yond  natural  causes  seem  to  overlook  the  increase  of  the  white 
population  from  natural  causes  also;  and  the  increased  demand 
ahead  of  us  that  must  come  with  the  necessities  of  a  growing 
population.  They  also  seem  to  forget  that  slavery  may  lie  worth 
something  for  other  purposes  than  raising  cotton.  They  lose 
sight  of  the  great  moral  effect,  and  seem  to  hold,  that  ('bristi- 
anily  does  not  require  us  to  teach  the  lessons  of  the  Bible,  and 
explain  the  effects  of  Christianity  upon  the  poor  slave,  except 
when  profit  follows. 

But  we  are  told  that  the  subject  may  rest  very  well  where  it 
is;  that  our  Convention  will  refuse  to  pass  the  Ordinance  which 
absolutely  forbids  forever  the  reopening  of  the  African  Slave 
Trade,  and  will  only  pass  Resolutions  requesting  Congress  to 
pass  such  an  Ordinance  as  would  prevent  it;  ami  that  it  is  ex- 
pressed in  the  Resolutions  that  this  is  from  public  policy .  Still, 
1  would  prefer  not  giving  any  advice  at  all  to  Congress  on  this 
subject.      Let  us  remain  silent,  unless  we  pass  such  an  Ordinance 

as  the  one  1  have  read.    This  Southern  Congress  will  doubtless 

l«e  composed  of  the  wisest  and  beat  men  in  the,  South — represen- 
tatives from  every  section  of  the  cotton  States — men  who  are 
deeplj  learned  in  the  wants  of  the  South  ;  of  wide  experience  in 
practical  legislation:  to  these  great  spirits  of  the  land,  meeting 
together  for  the  grand  purpose  of  combining  their  knowledge  and 
intellectual  powers  to  build  up  a  new  nation,  and  to  develop  the 
vast  resources  of  this  great  people,  let  us  leave  this  vital  ques- 
tion. Whatever  my  own  private  views  may  be,  I  should  yield 
to  their  better  judgment  my  hearty  aoquiesoenoe,  though  1  might 
then  be  unwilling  to  surrender  my  opinion. 


234  BWTOBl       \M'     DEBATES     « >K 

It  may  be,  that  under  a  new  Constitution  to  be  formed  by  the 
Southern  Congress  this  prohibition  of  the  African  81avc  Trade 
may  find  a  place  in  the  organic  law  of  the  Confederacy.  If  this 
— )  i  •  •  11 1 1 1  bo  the  ease,  aa  a  Loyal  citizen,  I  anal!  abide  by  and  aupport 
till,  we  naaj  expect  thai  same  Constitution  to  provide  a 
mode  by  which  it  may  l>e  changed.  \\  batever  mode  that  ma\ 
be,  whether  by  two-thirds,  or  bj  Conventions  of  the  States,  I 
liavc  the  fullest  confidence  that  the  day  will  come  when  the  peo- 
pie  will  demand  a  change.  I  predict,  sir.  that  the  time  La  not  far 
distant  which  will  develops  such  a  state  of  affairs  that  the  reopen- 
ing of  the  African  Slave  Trade  will  be  considered  as  essential  to 
the  industrial  welfare  and  prosperity  of  the  cotton  St 

It"  this  occasion  authorized  it.  I  could  Buggesl  a  plan  for  the  ins- 

iful  reopening  of  thia  Trade;  but  the  plan  would  bo  consid- 
ered out  of  place,  until  the  country  is  ready  for  the  Trade  itself. 
I.  therefore,  leave  this  for  the  future. 

I  said,  in  the  beginning,  that  I  spoke  on  this  occasion  without 
the  h"]>e  "t'  being  able  to  pi-", hue  conviction  here.  But  the  in 
portance  of  the  Bubject  demanded  of  mean  expression  of  opin- 
ion. Whether  this  opinion  is  wise  or  unwise, only  the  futun 
decide.  M\  reputation  with  posterity  is  of  small  importance 
when  compared  to  the  grea1  Interests  of  this  the  greatest  people 
on  the  lace  of  the  earth.  Whatever  is  best  for  them  is  best  for 
me;  so  that,  it'  my  views  are  overruled  b)  you,  I  shall  still  look 
tor  mj  consolation  in  the  anpertcr  wisdom  of  your  decr< 

M    >  Stow    aid  : 

Mr.  Pret ideal — The  Resolutions  of  the  gentlemen  from  Lau- 
derdale, |  Mr.  Jones,]  instructing  our  Delegates  to  the  Southern 
Convention  to  insist  upon  die  enactment  of  auch  restrictions  as 
will  prevent  the  reopening  of  the  African  Slave  Trade,  meet  my 
heart]  approval.  The)  go  sufficiently  far  to  accomplish  the  Ob 
jeot  desired,  and  yet  are  not  liable  to  the  misconstruction  which 
might  !"•  placed  upon  the  Ordinance  reported  by  the  Committee. 
I  am  in  no  humor,  at  the  present  time,  to  do  an)  thing  that  could 
even  be  tortured  into  a  concession  to  the  anti-slaver)  fanaticism 
of  the  North.  The  Southern  States  will  soon  lie  in  council  to 
deliberate  upon  a  Constitution  which  is  to  recognize  and  prot 
the  right  of  propert]  In  slaves,  and  I  am  unwilling,  at  the  ver) 
beginning  of  our  existence  as  a  pro-slavery  <  confederacy ,  to  incor- 
porate into  the  organic  Law  of  our  State  Language  that  would  cer- 
tainly be  construed  Into  a  condemnation  of  the  principle  of  slave 
ry.     Sir.  in  a  moral  point  of  view.  I  should  feel  no  more  hesita- 


THE    CONVENTION    OF     ..LAB  AM  A.  235 

tion  in  the  pnrchase  of  a  slave  upon  the  coast  of  Congo,  or  in 
the  kingdom  of  Dahoney,  than  1  should  hi  the  slave  markets  ot 
Richmond.  The  morality  of  slavery  is  settled  by  Divine  Law, 
and  with  that  decision  all  should  be  satisfied.  So  far  as  the  Afri- 
can himself  is  concerned,  the  Trade  that  removes  him  from  a  land 
of  ignorance  and  spiritual  darkness  to  a  land  of  civilization  and 
Christianity,  is  certainly  a  blessing  to  him.  He  is  found  a  wild, 
lazy  cannibal,  and  is  converted  into  an  industrious  and  useful 
member  of  society.  It  is  upon  grounds  of  public  policy  alone; 
it  is  upon  the  idea  thai  it  might  be  disastrous  to  Southern  inte- 
rests, that  I  base  my  opposition  to  the  reopening  of  the  African 
Slave  Trade.  That  Trade  would  introduce  a  vast  number  of  ad- 
ditional laborers  into  our  Southern  cotton  fields,  which  would 
increase  greatly  the  production  of  cotton,  and  necessarily  depre- 
ciate the  price  of  the  article.  The  great  danger  to  which  the  cot- 
ton States  especially  are  subjected,  is  an  excessive  supply  of 
cotton,  to  be  followed,  necessarily,  by  low  prices.     If  we  were 

to  employ  in  the  culture  of  cotton  in  Alabama  double  the  num 
ber  01  hands  now  employed,  the  effect  would  be  to  double  the 
production  and  to  reduce  the  price  of  the  article  one-half.  The 
price  depends  upon  the  demand,  and  this  demand  will  continue 
the  same,  whether  you  import  Africans  or  not.  An  over-stocked 
cotton  market  is  always  followed  by  low  prices;  but  when  the 
supply  falls  short  of  the  demand,  the  price  rises.  It  is  the  Inte- 
rest of  oar  cotton  planters  that  the  price  should  be  kept  high. 
He  produces  the  article  for  sale.  Other  nations  are  interested  in 
obtaining  cotton  at  the  lowest  prices.  England  is  now  endeavor- 
iug,  by  every  means  in  her  power,  so  to  increase  the  cotton  sup- 
ply as  to  glut  the  markets  of  the  world,  knowing  that  she  can 
then  buy  the  article  at  her  own  price.  This  British  policy  of 
increasing  the  supply  of  cotton  would  be  ruinous  to  Southern 
interests;  it  would  make  OOtton  a  drug  in  the  market.  Instead 
of  being  King,  it  would  become  a  beggar.  Sir,  we  should  be 
careful  to  do  nothing  that  would  depreciate  the  value  of  the 
products  of  slave  labor.  We  should  keep  the  institution  as  pro- 
fitable as  possible,  for  there  lies  its  permanence  and  safety. 

Hut  it  is  argued,  Mr.  President,  that  the  reopening  of  the  Af- 
rican Slav.'  Trade  would  so  reduce  the  price  oft 
bring  them  within  the  reach  "f  almost  every  man  among  us.  and 
that  the  institution  would  thus  be  strengthened  by  having  more 
persons  interested  in  its  preservation,  it  is  true,  sir,  that  low 
prices  illicit  increase  somewhat  the  number  of  slaveholders,  but 

still,  the  large    planters  and   capitalists  who  own  most  ot'  the  rich 
and  productive  cotton  lands  would  become  much  the  largest  pur 


*23('»  DISTORT     AND     DKI!ATi:s    OF 

chasers.  High  prices  would  give  much  more  strength  t.>  the 
institution  than  low  prices,  because,  as  you  reduce  the  value  of 
the  slave,  you  reduce  the  pecuniary  interest  which  the  master  has 
in  his  slave  property.  If  the  valueof  the  slaves  in  Virgiuia  were 
now  reduced  one-half,  the  slaveholders  of  thai  State  would  listen 
with  much  more  patience  to  schemes  for  general  emancipation. 
It  was  when  negroes  were  low  that  emancipation  parties  were 
organized  both  in  Virginia  mid  Kentucky.  Hut  when  the  price 
of  this  property  rose,  ami  when  the  institution  came  t<>  represent 
so  vast  an  amount  of  the  wealth  of  the  State,  it  became  the  inte- 
rest of  all  to  sustain  and  defend  the  By  stem.  The  high  price  of 
-laves  is  the  best  security  against  the  overthrow  of  the  system. 
We  have.  then,  too  deep  a  pecuniary  interest  in  this  property  not 
to  lie  true  to  it.  The  State  will  then  protect  it.  because  it  repre- 
sents so  much  of  the  wealth  of  her  citizens.  The  theories  and 
schemes  of  fanaticism  will  fall  before  the  substantial  pecuniary 
interests  of  the  State.  The  great  Btrength  of  the  inhabitants  is 
in  its  value — its  value  to  the  .owner— its  value  to  the  State— its 
value  to  commerce,  to  manufactures  and  to  civilization.  Hut  if 
you  destroy  that  value  by  reducing  the  prioe  of  the  products  of 
slave  labor,  and  by  reducing  the  price  of  the  slaves  themselves, 
you  thereby  destroy  the  strongest  safe-guard  that  surrounds  the 
institution. 

Hut,  Mr.  President,  the  Southern  Confederacy  has  at  present 

no  unoccupied    territory  to  which   the  institution  of  slavery  may 

■.tended.     Whether  it  is  to  lie  our  policy  to  acquire  territory 

beyond  the  seceded  Stales,  remains  to  lie  seen.  If  our  limits  are 
to  be  circumscribed,  ami  we  arc  to  have  no  territorial  expansion 
or  outlet,  then  to  increase  the  number  of  our  slave  population 
by  importations  from  Africa  would  be  disastrous.  Should  the 
border  States  refuse  to  join  the  Southern  Confederacy,  the  intro- 
duction of  slaves  even  from  that  quarter  should  be  strictly  pro- 
hibited. Our  slaves  from  natural  increase  alone  double  every 
twenty-five  years.     From  that  source,  in  twenty-five  years,  we 

shall  have  in  Alaliama  near  a  million  of  slaves.  With  such  a 
dense  slave  population  within  the  limits  of  our  Slate,  if  the  num- 
ber was  sfdl  to  he  increased  by  importations  from  Africa,  it 
would  soon  require  all  our  best  lands  to  produce  a  sufficiency  for 
their  subsistence.  Much  of  our  best  soil  would  become  exhaust- 
ed in  furnishing  :i  subsistence  tor  such  a  population.  Slaves 
would  become  a  charge  upon  their  owner,  and  soon  we  would  he 
compelled  t<>  emancipate  them. 

It  is  true,   Mr.    President,  that  the  interests  of  the  South  may 
demand   territorial  expansion,  tdr  expansion  seems  to  be  the  law 


THE  CONVENTION  OF  ALABAMA.  237 

:iti«l  destiny  and  necessity  of  our  institutions.  To  remain  health' 
ful  and   prosperous  within,  and  to  make  sure  our  development 

and  power,  it  Seems  essential  that  we  should  prow  without.  Ar- 
izona and  Mexico,  Central  America  and  Cuba,  all  may  yet  be 
embraced  within  the  limits  of  our  Southern  Republic.  A  Gulf 
Confederacy  may  be  established  in  the  South,  which  may  well 
enjoy  almost  a  monopoly  in  the  production  of  cotton,  rice,  sugar, 
coffee,  tobacco  and  the  tropical  fruits.  The  trade  of  nil  tropical 
America,  combined  with  that  of  the  cotton  States,  would  make 
our  Confederacy  the  Wealthiest,  the  most  progressive  and  the 
most  influential  power  on  the  globe.  Should  the  border  States 
refuse  to  unite  their  destiny  with  ours,  then  We  may  becompelled 
to  look  for  territorial  strength  and  for  political  power  to  those 
rich  and  beautiful  lands  that  lie  upon  our  South-western  frontier. 
Their  genial  climate  and  productive  soil ;  their  rich  agricultural 
and  mineral  resources,  render  them  admirably  adapted  to  the 
institution  of  slavery.  Under  the  influence  of  that  institution, 
these  tropical  lands  would  soon  add  millions  to  the  commercial 
wealth  of  our  Republic,  and  their  magnificent  ports  would  soon 
he  tilled  with  ships  from  every  nation.  Slave  labor  would  there 
build  up  for  the  Southern  Confederacy  populous  and  wealthy 
States,  as  it  has  built  up  for  the  late  Union  the  States  of  Georgia, 
Alabama,  Mississippi,  Louisiana  and  Texas.  To  do  this  with 
sufficient  rapidity,  it  is  sometimes  argued  that  more  slave  labor 
will  be  required,  and  that  the  reopening  of  the  African  Slave 
Trade  will  become  a  necessity.  But  we  have  as  yet  added  no  ter- 
ritory to  the  seceded  Slates,  and  it  is  doubtful  what  will  be  our 
policy  as  to  the  extension  of  bur  limits. 

Mr.  Yantkv  said: 

Mr.  Pretidewt — No  subject  has  been  brought  before  this  Con- 
vention, apart  from  the  question  of  Secession,  which  is  at  all  com- 
parable to  this  in  importance.  Without  reference  to  its  social  and 
political  aspects,  it  is  of  immense  interest.  It  touches  every  point 
of  the  circle  of  our  industrial  relations.  It  affects,  in  some  decree, 
an  almost  inconceivable  value  in  property  in  this  State — probably 
one  thousand  millions  of  dollars  worth  in  slaves  and  land  alone. 
A  question  BO  vast  and  profound,  must  command  the  most  serious 
consideration  ;  and  I  should  notdo  justice  to  myself,  Mr  President, 
were  1  to  permit  the  vote  to  be  taken  without  defining  my  position 
upon  it.  When  a  question  in  the  lata  Union,  few  public  men  took 
more  pains  to  be  understood  upon  it,  than  myself;  yet  no  public 
man  has  ever  had  so  little  benefit  from  his  own  clearly  defined  po- 


IHSTOKY     ASH     DXBATXC 

sitiuiis.  1  hope,  then,  I  shall  be  patiently  heard  here;  for,  from 
this  stand-point,  speaking  as  a  representative  of  the  people  to  the 
people  in  ('(invention,  and  probably  for  the  last  time  aa  a  public 
man,  I  may  hope  to  he  understood — and  n-p  loo  misrepre- 

sented. 

This  subject  first  commanded  my  serious  consideration  when  it 
was  brought  up  in  the  Southern  Commercial  Convention  in  I  - 
At  the  previous  annual  meeting  of  thai  body  at  Knoxvilie,  my 
name  was  placed  on  a  Committee,  which  was  to  report  upon  the 
expediency  of  reopening  the  African  Slave  Trade  to  the  Conven- 
tion, which  was  to  meet  in  this  place  in  May,  1858.  I  had  given 
no  authority  for,  nor  assent  to,  this  appointment,  and  knew  noth- 
ing of  it.  until  J  saw  the  fact  stated  in  the  newspapers  -for  I  was 
not  a  member  of  that  Convention,  and,  indeed,  had  never  attend- 
ed any  of  its  sessions.  When  the  Convention  nut  in  Montgomery, 
the  Chairman,  Mr.  Spratt,  made  a  report  from  that  Committee, 
elaborate  in  its  argument,  which  recommended  the  adoptiou  of  a 
resolution  declaring  it  proper  to  reopen  the  African  Slave  Trade. 
Such  a  report,  in  parliamentary  consideration,  is  taken  to  be  the 
report  of  every  member  of  the  Committee,  unless  the  dissent  of  a 
member  is  expressed  in  some  form.  1  had  never  attended  a  meet- 
ing til'  the  Committee — had  never  had  an  opportunity  of  consulting 
with  it — knew  nothing  of  the  report  until  it  was  read  in  the  ('(in- 
vention. Not  concurring  in  the  conclusion  arrived  at  by  the  Com- 
mittee, a  necessity  was  at  onee  imposed  upon  me,  to  take  position 
upon  the  question;  and  I  asked  the  Convention  to  allow  me,  until 
the  next  day,  the  privilege  of  presenting  a  minority  report.  The 
Convention  acceded  to  my  request,  and  on  the  next  morning,  1 
presented  such  a  report,  which  1  now  read  : 

MINORITY    REPORT   FROM  THE  COMMITTEE  ON  THE   AFRICAN 
BLAVE  TRADE 

"The  undersigned,  one  of  the  Committee  appointed  by  the  late 
Commercial  Convention  to  report  upon  the  subject  of  the  African 
Slave  Trade — not  having  had  time  to  read  and  digest  the  report  of 
the  Chairman — submits  the  following  as  more  specifically  expres- 
sive of  his  own  opinions. 

The  distinctive  feature  which  characterizes  Southern  industry 
is  slave  labor.  Before  the  formation  of  this  Government  this  fea- 
ture was  a  characteristic  of  Northern  labor,  in  a  limited  though 
practical  degree. 

This  species  of  labor  was  recognized  by  the  Federal  Constitu- 
tion, and  one  of  its  provisions  [Art.  1,  Sec.  9,  paragraph  1,]  ex- 
pressly provides  against  the  passage  of  any  law  prohibiting  the  for- 
eign Slave  Trade,  within  a  given  period. 


THE  CONVENTION  OF  ALABAMA.  239 

In  the  year  1807  this  trade  was  declared  by  Congress  to  be  ille- 
gal, and  in  1819  an  act  was  passed  to  send  national  armed  vessels 
to  stop  our  vessels  from  engaging  in  the  trade,  and  in  1820  an  act 
was  passed  declaring  it  to  be  piracy. 

The  effect  of  these  laws  have  been  to  restrict  the  expansion  of 
this  peculiar  species  of  Southern  labor,  by  the  usual  laws  which 
govern  trade  in  all  other  species  of  property,  and  to  keep  down  the 
price  of  Southern  lands  ;  while  Northern  labor,  in  addition  to  its 
own  natural  increase,  has  received  the  stimulus  of  an  average  emi- 
gration of  white  labor,  in  some  years  reaching  as  high  as  half  a 
million  persons. 

The  operation  of  this  law  has  been  a  direct  governmental  dis- 
crimination against  the  South  on  this  vital  question  affecting  its 
prosperity — its  labor.  The  act  is,  in  the  opinion  of  the  under- 
signed, but  a  part  of  that  system  of  discriminating  laws,  which, 
affording  bounties  to  Northern  industry,  have  been  restrictions  up- 
on the  industry  of  our  own  section,  and  which  have  enriched  and 
built  up  one  section,  while  they  have  been  as  shackles  upon  every 
effort  made  by  the  other  to  rise  to  uational  prosperity. 

The  spirit  of  these  restricitive  laws  has  passed  into  and  become 
the  leading  idea  of  a  powerful  and  most  successful  sectional  ma- 
jority, which  declares  that  no  more  slave  States  shall  be  admitted 
into  the  Union. 

Without  expressing  any  matured  opinion,  in  the  views  submit- 
ted, as  to  the  expediency  of  roopening  the  slave  trade,  the  under- 
signed believes  that  the  laws  prohibiting  the  foreign  Slave  Trade 
are  in  violation  of  the  spirit  of  the  Constitution,  and  are  unjust 
and  an  insult  to  the  South,  and,  therefore,  ought  to  be  repealed  ; 
and  submits  for  the  consideration  of  this  body  the  following  reso- 
lution : 

Resolved,  That  the  laws  of  Congress  prohibiting  the  Foreign 
Slave  Trade  ought  to  be  repealed.  "  W.  L.  YANCEY. 

Such,  then,  is  the  record  of  my  position  in  the  Convention — 
showing  conclusively  three  things  : 

1st.  That  I  had  no  part  in  introducing  the  African  Slave  Trade 
issue  into  the  Convention. 

2d.  That  I  expressed  no  "  matured  opinion"  as  to  the  policy  of 
reopening  that  trade. 

3d.  That  the  only  position  which  I  urged  the  Convention  to 
take  was  to  resolve  "  that  the  laws  of  Congress,  prohibiting  the 
Foreign  Slave  Trade  ought  to  be  repealed." 


2  K)  anrroM   \sn  dbbatsb  ok 

[id mediately  after  the  adjournment  of  the  Convention,  Mich  ■ 
wide-spread  misrepresenttoo  of  my  eonne  on  that  rabjeot  prevail* 
ed,  that  i  friend  requested  me  to  give  a  pnblio  refutation  of  them. 

I  did  bo,  iti  a  letter  to  Mr.  Thomas  J.  (Irmo,  dated  May  24th,  1858 
I  read  an  extract  or  so  from  that  letter  : 

MoNTOomsr,  May  2 1.  I v   3 

i/,-.  Tkoma*  ./.  Omit  :  Sin — I  received  \<>ur  note  of  the  20th 
iust.,  a  lew  momenta  since.  My  opinions  <>n  matters  of  public  In- 
terest are  always  at  the  command  of  my  countrymen  ;  and  as  it  is 
quite  uncertain  when  the  official  report  of  the  proceedings  of  the 
late  Convention  will  appear,  I  will  give  you  my  views  in  brief  ou 
the  matters  you  propound. 

1st    I  did  not  introduce  the  subject  of  the  African  slave  Trade 

into  the  late  Southern  Congress. 

*  :■:  *  0  *  *  * 

When  tin'  Convention  met  at  Montgomery,  the  Chairman  of  that 

Committee,  Mr.  Spratt,  made  an  elaborate  report  in  favor  of  the 
reopening  of  the  African  SUve  Trade  I  had  never  read  it,  nor 
knew  cl'  its  content-,  until  it    was   read   in    the   Convention.      The 

presumption  is  that  all  members  of  a  Committee  approve  of  a  rc- 
port.unle~-.ihcy  express  a  dissent.  As  I  was  not  prepared  to  give 
an  unqualified  approval  or  dissent  to  all  the  arguments  and  propo- 
sitions of  that  elaborate  paper,  justice  to  myself  required  that  1 
should  explain  my  position  on  that  question  .  and  on  the  next 
morning  1  wrote  and  submitted  a  brief  report  of  suoh  view-  on  the 

subject  as  1  had  formed  an  opinion  upon,  ami  upon  which  1  WSJ 
prepared  to  stand. 

2d.  It  will  be  seen  by  reading  my  report,  that  I  neither  recom- 
mended or  disapproved  of  the  reopening  of  the  u'riein  Slave 
Tradej  in  which,  in  reality,  I  have  not  matured  and  fixed  opinions, 
but  to  which  my  mind  is  favorably  inclined. 

What    I  did    recommend,  was   simply    the    repeal    of  the    laws  of 

Congress  making  the  Foreign  trade  in  Blavcs  piracy,  on  the  gron'nd, 

ohii  fly,  that  these  laws  Stood  nil  the  Statute  hook  as  a  direct  con- 
demnation by  our  own  Government  of  the  institution  of  slavery,  in 

its  moral  and  BOoial  aspects;  and  indirectly  operated  to  restrict  our 

political  power. 
In  making  this  recommendation,  my  care  was  not  so  much  for  the 

African  Slave  Trade,  hut  was  to  strip  the  Southern  ship  of  State 
for  buttle  ;  to  furl  and  cut  away  every  sail  that  would  impede  her 
movement ;  to  cast  loose  every  rope  that  would  he  a  drag  upon  her 
progress.  We  have  now  the  moral  condemnation  of  Christendom 
Upon   US        We  have,  since    L807,  home  the  Stigma  placed  upon    US 

our  own  Government,  making  foreign  trade  in  slaves 


THE  CONVENTION  OF  ALABAMA.  "241 

a  piracy.  We  have,  since  1851,  had  the  stigma  of  Congressional 
laws  placed  upon  the  internal  Slave  Trade,  also  ;  a  law  which  makes 
a  slave  free,  it'  a  citizen  of  any  of  the  Southern  States  should  carry 
him  to  the  District  of  Columbia  for  sale. 

Repeal  the  laws  of  Congress,  and  the  States  would  each  preserve 
the  power  to  allow  or  prohibit  that  trade.  I  am  for  repealing  those 
Congressional  laws,  and  for  leaving  the  matter  to  he  regulated  by 
the  States  themselves.  T  expressly  disclaimed  any  desire  to  make 
an  issue  upon  this  matter  in  the  South.      1   have   no  such  desire. 

Hence  I  did  not  press  the  matter  to  a  vote. 

*  -x  *  *  *  *  *  *  *  * 

Neither  am  1  for  making  the  issue  of  disunion  now  upon  the 
African  Slave  Trade,  or  any  other  question  ;  though  individually 
prepared  for  the  issue,  when  the  South  shall  deem  the  time  has- 
arrived  to  resist  the  accumulated  wrongs  of  half  a  century  of  hose 
tile  legislation.     I  expressly  disclaimed  such  intention  in  the  late 

Convention. 

*  *         %         ft         *         ft         *■         *         -..-         * 

Yours,  &c,  W.  L.  YANCEY." 

The  Southern  Commercial  Convention  met  again  at  Yickshurg, 
Miss  ,  in  1859.  1  was  not  a  member,  hut  that  Convention,  from 
motives  doubtless  of  the  kindest  personal  consideration,  appointed 
me  to  deliver  an  oration  before  "'  an  African  Labor  Supply  Asso- 
ciation" at  Mobile,  in  the  event  of  the  failure  of  .Air.  Spratt  to  do 
so.  The  first  information  I  hi  1  of  this  was  in  the  columns  of  a 
newspaper,  and  I  at  once  wrote  to  Prof.  J.  B.  D.  DeBow,  President 
of  that  Convention.      1  read  that  letter: 

"  Montgomery,  Ala.,  May  2o*d,  L869. 

'•./.  II.  l>  lh  /,*.//-.  /•;.,/.,  \.  ir  Orleans  :  Deah  Sib  —  I  see  by  the 
newspapers  that  an  African  Labor  Supply  Association  was  formed 
at  Vicksbarg,  just  after  the  adjournment  of  the  late  Southern  Con- 
vention In  the  published  proceedings  I  also  notice  that  Mr. 
Spratt  was  selected  to  deliver  an  address  at  the  next  meeting  of 
the  Association,  and  I  was  chosen  as  one  of  two  alternates.  The 
Constitution  of  tl  <■  Association  aa  it  appears  in  the  public  prints, 
is  indefinite  as  to  the  designs  of  the  Association, or,  I  should  rath- 
er say,  aa  to  the  manner  in  which  it  will  promote  the  supply  of 
A  Irie.in  labor. 

"1  therefore  address  you,  as  the  President  of  the  Association,  and 
request  of  you  a  lull  explanation  of  the  aim-  of  the  Association, 

and  of  the    moan-'  by  whieh    it    is   to  be   obtained.       Particularly    1 

desire  to  be  informed  whether  the  Association,  in  the  event  that 


248  BISTOB1     AND    DKBATKS    OF 

the  laws  of  the  United  -  dust  the  importation  of  Afri 

cannot  be  repealed  <  >r  declared  unconstitutional,  designs 
eoarage  the  Slave  Trade  between  this  country  and  Africa,  Cuba 
and  Brazil  in  vi<dation  of  those  laws. 

"Yours  li>  sne'ctfaHy, 

•  \V.  L  YA.M'KY  " 

To  thi>  enqnirj  I  received  such  a  reply,  that  I  deemed  it  proper 

publicly  to  restate  my  position  on  this  question  ;  and  I  did  so,  in  a 

r  to  the  editors  of  the  Montgomery  Atloertuer,  a  part  of  which 

I  will  read  : 

uMoa tt«E1  .  -lime  13,  1859. 

"Mektrs.  EdUort — I  enclose  for  publication  the  within  correspon- 
dence, as  conflicting  views  ami  misapprehensions  have  been  ex- 
jsed,  in  regard  to  the  objects  of  the  formation  of  the  African 
Slave  Labor  Supply  Association. 

"  I  was  imt  present  when  this  Association  was  formed,  and  was 
not  consulted  either  in  reference  to  its  aims  or  to  my  selection  as 
one  of  the  alternate  orators.  While  I  am  grateful  for  this  evi- 
dence of  esteem  and  confidence,  it  is  but  due  to  the  Association 
and  to  myself  to  say,  that  1  am  col  prepared',  at  present,  to  go 
farther  than  is  justified  by  the  minority  report  and  resolution  upon 
the  subject  of  the  African  Slave  Trade,  made  by  me  to  the  South- 
i  in  Convention  when  in  session  at  this  place,  in  May,  1858,  and 
which  was,  in  substauce,  adopted  by  the  same  body,  recently  in 
in  at   Vicksburg,  by  a  large  majority.  * 

'•Whether  the  African  Slave  Trade  shall  lie  carried  on,  should 
not  depend  on  that  ( loverniiient,  but  upon  the  will  of  each  sla\e- 
holdiiiir  State.  To  that  tribunal  alone  should  the  question  be  sub- 
mitted ;   and  by   the  decision   of  that    tribunal   alone  should    th, 

Southern  people  abide. 

"  Your-  Respectfully, 

<<  \V.  L  YANCKY." 
But  even  this  was  not  sufficient  to  stay  the  tide  of  misrepresen- 
tation, upon  which  a  class  of  public  journalists  and   small   politi- 
-  Bought  to  maintain  a  popular  existence;  and  hence,  the  pub- 
Bar  was  yet  vexed  with  them — not  to  keep  me  out  of  office — 
I  was  00  candidate,  and  had  not  been  for  twelve  years  or  more) 
— but  to  undermine  any  influence  which  1  might  exercise  in  favor 
of  the  spread  of  enlightened   and   elevated   views  of  all  questione 
Cting  Southern  interests — a  policy  which  mere  politicians  have 
felt  to  lie  destructive  to  their  selfish  aims  for  the  last  few  years. — 
lleliee,  a  friend  in  the  county  of  Tallapoosa  wrote  to  me,  and  call- 
I  for  another  expression  of  my  views.      I  at  once  rejdied  to  him  j 
and  1  read  the  closing  paragraph  from  that  letter: 


THE    CONVENTION    OF    ALABAMA.  243 

"  MONTGOMERY,  June  16,  1859. 
"JamesD.  Meadows,  Esq.— Dear Srft;        •        *     '   *        * 

As  to  reopening  the  African  Slave  Trade,  that  is  a  grata  question 
of  tlie  highest  political  and  economic  import,  and  should  be  decid- 
ed alone  by  the  several  States — each  lor  itself,  and  with  reference 
alone  to  the  industrial  interests  of  each.  The  time  for  its  decision 
has  not  arrived  ;  and  as  I  have  formed  no  opinion  upon  its  expe- 
diency, with  that  though tfulness  which  its  great  importance  de- 
mands, 1  will  not  discuss  it  here. 

"  Very  Respectfully, 

"  Your  fellow-citizen, 

«W.  L.  YANl'HV." 

This  review  of  my  past  policy  on  this  subject,  must  be  conclu- 
sive to  all  candid  minds,  on  several  points — 

First,  That  while  "  favorably  inclined"  to  the  revival  of  the  Af- 
rican Slave  Trade,  I  have  never  expressed  any  '•  matured  opinions" 
on  the  subject,  nor  advocated  it. 

Second,  That  the  only  policy  proposed  by  me,  was  a  repeal  of 
the  laws  of  Congress  prohibiting  said  trade  ;  not  for  the  purpose 
of  giving  license  to  it,  but  because  they  were  a  Federal  condemna- 
tion of  the  institution  of  slavery. 

Third,  That  its  allowance  or  prohibition  was  a  question  which 
each  State  should  decide  for  itself. 

The  key  to  my  course  on  this  question  will  be  found,  Mr.  Presi- 
dent, not  in  a  disposition  to  encourage  trade  in  African  slaves,  but 
in  a  determination  to  do  all  in  my  power  to  check  the  free-soil 
tendencies  of  the  Federal  Government,  and  to  place  the  South  in 
-ion  of  all  her  offensive  and  defensive  resources. 

Fxamine  for  a  moment  the  progress  and  the  position  of  slavery, 
and  the  warfare  upon  it,  previous  to  the  Ordinance  of  Secession. 
Previous  to  the  Declaration  of  Independence  the  African  Slave 
Trade  was  in  full  operation — recoguized  as  legitimate  by  the  whole 
civilized  world — carried  on  by  Kings  and  Princes,  as  well  aS  by 
the  more  ordinary  trader — sanctioned  by  the  laws  of  nations — pro- 
tected bj  the  courts,  as  we!]  as  by  fleets,  and  the  negro  was  a  slave 

in  all  the  original  British  Colonies,  n  well  as  in  the  Spanish  and 
French  possessions  in  the  Western  Hemisphere.  In  the  new  or- 
der of  things  instituted  by  our  ancestors,  this  institution  was  left 
as  they  found  it.  Though  they  struck  the  shackles  from  the  white 
man,  they  sanctioned  them  upon  the  limbs  of  the  African  race. 
Reoogoizitig  the  fact  that  there  were  two  distinct  NICCfl  of  human 
beings  here — and  that  they  had  existed  distinct — the  master  and 
the  slave,  since  God's  curse  upon  the  children  of  Ham,  they  pro- 
vided for  the  perpetuation  of  that  distinction  as  being  right,  both 


2  I  I  HISTORY    ASH    1'hi:  VI  KB    OS 

politically  and  morally.  The  Declaration  of  Independence  broughl 
Freedom,  with  its  guarantiee  of  self-government,  and  of  the  writ 
of  habeas  corpus,  and  trial  by  jury  to  the  white  lace  alone.  The 
Articles  of  Confederation  were  based  upon  this  order  of  things  ', 
and  the  Federal  Constitution, designed  is  s  "  more  perfect  Union, 
hut  perfected  and  perpetuated  the  great  distinction.  It  was  made 
by  our  ancestors,  in  their  own  expressive  language,  "to  secure  the 
blessings  of  liberty  to  ourselves  ami  our  posterity."  It  was  found- 
ed on  the  inseparable  and  divinely  instituted  relation  of  freedom  to 
the  white  man  and  slavery  to  the  black  man,  of  a  political,  civil 
and  moral  distinction,  between  the  destinies  of  the  children  of 
Ham  and  of  the  descendants  of  Shem  ami  Japheth.  The  Consti- 
tion  is  an  Organic  human  utterance  of  the  Divine  decree — "Cursed 
be  Canaan  ;  a  servant  of  servants  shall  he  be  unto  his  brethren." 

It  is  true,  that  the  germs  of  Abolitionism  were  even  then  to  be 
found  in  the  policy  of  Virginia  and  Maryland  j  but  it  is  equally 
true  that  this  policy  did  not  prevail.  The  debates  in  the  Conven- 
tion were  based  upon  utilitarian,  and  not  on  moral  views  of  the 
question.  [I  insert  here  extracts  of  the  debate  alluded  to  in  the 
sjici  ch.  ] 

1!\  reference  to  Madison's  papers,  the  draft  of  a  Constitution 
•will  be  found,  aa  reported  by  the  Committee  of  Detail.  It  did  not 
provide  for  a  prohibition  or  tax   <>n    the   importation    of  slaves. 

( )n   this  a  debate  sprung    up.       1    quote  from  that  debate  the  views 

of  leading  delegates : 

Mr.  L.  Martin,  of  Maryland,  proposed  to  vary   article  7.  section 

<i,  M.  :i-  td  ailow  a  prohibition  or  tax  on  the  importation  ol  slaus. 

Mr.  Klbworth,  oj  Connecticut,  was  for  leaving  the  clause  as  it 
stands.     Let  every  State  import  what  it  pleases.     The  morality  or 

wisdom    of  slavery    are    considerations    belonging    to    the    States 
tin  inselvcs. 

Mr.  Sherman,  of  Connecticut,  was  lor  leaving  the  clause  as  it 

Stands. 

Col.  Mason,  of  Virginia.  lie  lamented  that  some  of  our  East- 
ern brethren  had,  from  a  lust  of  a  gain,  embarked  in  this  nefarious 
traffic  He  held  ii  essential,  in  every  point  of  view,  that  the  Gen- 
eral Government  should  have  the  power  to  prevent  the  increase 
of  slavery 

Mr.  Ellswqrth,  of  Connecticut.  lie  said,  however,  that,  if  it. 
was  to  be  considered  in  a  moral  light,  we  ought  to  go  further,  and 
fre,i  those  already  in  the  country.  As  slaves  also  multiply  SO  fast 
in  \  irginia  and  Maryland  that,  it  is  cheaper  to  raise  than  import 
them,  whilst  in  the  sickly  rice  swamps  foreign  supplies  are  oeces- 


THE  CONVENTION  OF  ALABAMA.  245 

sary,  if  we  go  further  than   is  urged,  we  shall  he  unjust  towards 
South  Carolina  and  Georgia.      Let  us  not  intermeddle, 

Mr.  King  of  Massachusetts,  thought  the  subject  should  be  con- 
sidered in  a  political  light  only. 

*  *  *  ■»  *  *  -x-  *  *  % 

Fie  remarked  on  the  exemption  of  slaves)  from  duty,  whilst 
every  other  impost  was  subjected  to  it,  as  an  inequality  that  could 
not  fail  to  Strike  th«  Commercial  sagacity  of  the  Western  and  .Mid- 
dle States. 

Mr.  Gouveneur  Morris  of  Pennsylvania,  wished  the  whole  suh- 
ject to    he   committed,    including   the   clause   on    imports.      These 

things  may  find  a   bargain  among  the   Southern   and  Northern 

States. 

The  matter  was  committed.  The  committee  made  report,  in 
substance,  as  the  section  now  stands  in  the  Constitution,  except- 
ing that  the  committee  reported  in  favor  of  the  year  1800. 

Gen.  Pinckney  of  South  Carolina,  moved  to  substitute  1808 
for  1800. 

Mr.  Gorham  6f-Massachusetts,  seconded  the  motion. 

Mr.  Madison  of  Virginia.  "Seventy  years  will  produce  all  the 
mischief  that  can  be  apprehended  from  the  liberty  to  import 
slaves." 

On  the  motion,  which  passed  on  the  affirmative,  New  Hamp- 
shire, Connecticut,  Massachusetts,  and  three  other  States,  voted  aye. 
New  Jersey,  Pennsylvania,  Delaware  and  Virginia,  no. 

The  first  part  of  the  report  was  then  agreed  to.  as  amended,  as 
follows.  The  migration  or  importation  of  such  persons  as  the 
several  States,  now  existing,  shall  think  proper  to  admit,  shall  not 
be  prohibited  prior  to  the  year  1808.  New  Hampshire,  Mas- 
sachusetts, Connecticut,  Maryland,  North  Carolina,  South  Caro- 
lina, <  reorgia,  voted  aye — 7.  New  Jersey,  Pennsylvania.  Delaware, 
Virginia,  no, — 4. 

That  debate  conclusively  shows  that,  the  "morality  or  wisdom 
of  slavery  were  considerations  belonging  to  the  States  them- 
selves," and  that  the  Convention  was  indisposed  to  "intermeddle." 
and,  when  at  tasl  it  yielded  and  consented  to  do  so,  it  was  •"con- 
sidered in  a  political  light  only,"  and  "formed  the  subject  of  a 
bargain  among  the  Southern  and  Northern  States"  touching  "im- 
ports."    That  bargain  is  thus  expressed  in  the  Constitution. 

"The  emigration  or  importation  of  such  persons,  as  any  of  the 
States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  year  1808,  but  a  tax  or  du- 
ty may  lie  imposed  on  such  importation,  not  exceeding  ten  dol- 
lars on  each  person. 


346  histobt  am'  of 

e  the   t>  ill    not    be   prohibited   by  th 

prior  to  the  ;  1808."     What  doea  thai  mean?     fs  it  an  iu- 

juuetion  or  command  on  '  longress  to  prohibit  afb  r  I v,,v  I  [ear- 
I)  not.  it  Is  onl j  an  injunction  on  Congress  that  il  shall  1 1* •  t 
prohibit  between  the  date  of  the  formation  of  the  Constitution 
tho  year  1808.  is  it  a  prohibition  after  the  y<  Ifi 
arl)  not.  It  is  onl)  a  constitutional  guaranty  up  to  the  year 
1808.  It  docs  not  declare  that  the  trade  shall  be  prohibited  af- 
:•  r  the  year  1808,  onl)  that  it  shall  ii"t  be  prohibit*  '1  before  that 
time,  (f  Congress  had  seen  tit  to  pass  no  law  upon  the  subject 
after  the  year  1808,  who  could  have  complained  that  Congress 
had  neglected  ti>  perform  a  constitutional  duty? 

Tin-  object  of  this  argument  is  not  to  prove  that  Congress  had 
no  power  to  prohibit  that  trade  after  the  year  1808,  though,  in 
my  <>]>ini"ii.  h  were  an  easy  task  to  Bhow,  b)  aid  of  the  tenth 
amendment  ["the  powers  not  delegated  to  the  I  nitcd  States  by 
the  Constitution  nor  prohibited  b)  it  to  the  States,  are  reserved 
to  the  State-,  respectively,  or  to  the  people,"]  that  the  clause  pro- 
hi biting  Congress  frpra  the  exercise  of  po\> <  r,  is  clearl)  not  a  dele- 
gated power;  and  not  being  " prohibited  by  it  to  the  States,"  is 
as  clearly  a  power  "reserved  to  the  States  respectively,  or  to  the 
people  thereof."  But  my  object  is  to  show  that  the  framers  1  t 
that  instrument,  so  far  from  considering  the  foreign  trade  in  slaves 
an  evil,  either  morally  or  politically,  considered  it  0  political  and 
an  industrial  blessing;  and  they  acted  on  the  belief  that  after  tho 
year  1808  the)  would  nol  need  it.  They  argued  the  need  of 
mure  slaves,  and  sanctioned  their  importation  until  the  year  1808. 
And  even  it'  thej  assented  to  its  prohibition  then,  it  was  nol  be- 
cause the  trade  was  a  moral  1  r  political  evil,  but  because,  in  their 
opinion,  the  industrial  wants  of  the  South  would  then  be  supplied. 
The)  argued  the  "inequality"  of  forcing  South  Carolina  and 
Georgia  to  buy  their  slaves  from  Virginia,  when  the)  could  be 
had  cheaper  from  Africa.  The)  based  their  action  on  circum- 
scribed views  of  the  neceasit)  for  more  slave  labor.  They  wisel) 
determined  nol  to  cripple  the  growing  prosperit)  of  the  South, 
but  to  give  to  it   as   many  slaves   as   the    South,  in    their  opinion, 

needed.  They  made  no  discrimination  between  slave  propertj 
and  jackasses  or  silks,  so  far  as  "importation"  was  concerned. 
The)  allowed  South  Carolina,  and  slave  buyers,  " to  buy  where 
the)  oould  buy  cheapest."  to  bu)  in  Africa  or  Virginia,  as  they 
thought  proper,  upon  the  principles  of  free  trade. 

I  turn  now.  Mr.  President,  to  another  branch  of  this  subject. 
Tho  framers  of  the  Constitution,  in  the.  same  article  which  pro- 
hibits Congress  from  interfering   with  the  slave  trade  prior  to 


THE  CONVENTION  OF  ALABAMA.  24? 

1808,  delegated  to  the  Congress  the  power  "to  define  and  punish 
piracies  and  felonies  committed  on  the  high  seas,  and  offenses 
against  the  law  of  nations."  I  desire  to  raise  the  question :  What 
did  they  mean — what  was  the  intention  of  the  trainers?  Surely 
they  knew  what  were  piracies  and  felonies,  and  the  law  of  na- 
tions ?  As  they  Were  traders  in  slaves — -as  they  bought  African 
slaves — as  they  eucouraged  this  foreign  trade  by  making  a  dis- 
crimination in  its  favor,  which  they  made,  in  favor  of  no  other 
trade  (refusing  to  permit  Congress  to  prohibit  it  for  twenty  years), 
as  they  guarded  it  against  even  an  amendment  of  the  Constitu- 
tion, surely  the\  never  dreamed  that  the  foreign  slave  trade  was 
either  a  piracy,  a  felony,  or  an  offense  against  the  law  of  nations, 
or  that  it  would  ever  he  so  considered  by  the  Congress.  And  - 
assuredly  they  never  gave  to  the  Congress  power  to  declare  l!  al 
to  be  a  piracy  which  they  had  so  often  done,  and  which  they  de- 
termined should  he  constitutionally  done  for  twenty  years  longer. 
Consider  the  character  of  piracy.  It  is  the  most  offensive  form  of 
crime.  It  involves  all  other  great  crimes — murder,  rape,  rob- 
bery, treason.  The  pirate's  hand  is  against  every  body,  and 
every  one's  hand  is  against  him.  Could  it  be  within  the  range  ol 
probability  that  our  ancestors  designed  that  Congress,  the  da\ 
after  the  twenty  years  of  protection  to  the  slave  trade  had  ex- 
pired, should  declare  that  they  had  indulged  in  and  protected  a 
trade  so  offensive,  so  henious,  so  abhorrent  to  the  law  of  man,  ol 
nations  and  ol'  God,  so  assimilated  to  murder,  rape,  robbery  and 
treason,  that  it  might  then  be.  declared  and  punished  as  piracy  .' 
Why.  sir,  the  very  pen  which  wrote  that  delegated  power,  doubt- 
less wrote  that  prohibition  of  power;  and  the  power,  when  dele- 
gated, was  as  lived,  immutable  and  unchangeable  when  first  writ- 
ten, as  language  and  thought  could  make  it.  When  delegated. 
its  extenl  and  scope  were  fixed,  and  could  be  no  greater  then  than 
now.  can  be  no  greater  now  than  then.  The  power  to  declare 
and  punish  the  foreign  slave  trade  as  piracy,  was  either  'hen  del- 
egated, or  it  was  not  delegated.  If  it  was  then  delegated,  the 
Congress  could,  at  the  first  session,  have  declared  that  trade  to 
piracy.  That  it  could  not  do  that,  however,  is  clear,  from  thi 
clause  guaranteeing  the  trade  against  such  legislation.  The  Con- 
1  no  BUch  power  when  the  Constitution  was  f.  »rn 

It   was   not    then   delegated.     Xow.   sir.  the   Tenth    Article 
A  mendments  to  the  Constitution,  Bays  that  "the  powers  not  d 

aited  States  bj  the  Constitution,  nor  prohibited  h\ 
it  to  the  Slater,  an  I  to  the  Slates  respectively,  "r  bo 

people."     If  that  power  was  not  then  I,  it  was  "  res 

to  ti.     St  e]y.  or  to  the  people."     And  I  now    . 


_'lv  IllSToKV     AN!)     DK.lt  \TKs     OF 

when,  and  where,  and  how  the  States  or  the  people,  since  then, 
have  parted  with  thai  power? 

A i ■■  1  y<  t.  in  1820,  the  Congress  enacted  a  law  declaring  the  for- 
eign glare  trade  to  be  piracy,  and  punishing  it  as  such.  The 
spirit  that  gave  birth  to  it  was  the  spirit  of  abolition,  then  in  the 

idant,  a  spirit  which,  while  thus  condemning  the  fountain-head 
of  slavery  to  be  a  great  and  henious  wrong,  :i  moral  and  a  politi* 

\il — while  tlms  shutting  off  the  increase  of  slaver)  from  the 

.  by  a  violation  of  the  Federal  Compnot,  triumphantly  turned 
to  the  West,  and  planting  itself  on  the  Western  borders  of  the 
States,  imperioush  demanded  that  its  expansion  should  cease,  and 
thai  no  more  Slave  States  should  be  admitted  into  tlie  Union. 

sir,  the  same  Congress  that  violated  the  Constitution  by 
classing  the  African  Slave  Trade  as  a  Piracy,  also  violated  that 
instrument  by  the  enactment  that  no  more  Slave  States  should  be 
formed  out  of  the  common  ]>u!>lie  domain  lying  North  of  the 
Missouri  Compromise  lane.  Abolition,  tlms  triumphant,  wielded 
a   double-edged  sword  against   our   institutions.      Migration   of 

ry  from  the  Easl  was  pronounced  to  be  piracy — emigration 
of  slavery  to  the  West  was  forever  prohibited.  Who  dares,  at 
this  dai .  to  contend  that  either  measure  was  right  in  itself,  or  was 

i  How  at  slavery  itself:'  Certainly  no  friend  of  the  institu- 
tion can  be  found  to  do  BO. 

V.d  yet,  Mr.  President,  a  delegate  in  this  Convention  [Mr. 

Posey,  of  Lauderdale  |  has  asked  that  the  foreign  slave  trade  shall 

be  pronounced  by  this  body  to  be  felonious;  and  another  dele- 
|  Mr.  Jameison,  of  Tuscaloosa |  has  made  %  motion  to  strike 
out  of  the  amendment  proposed  by  the  junior  delegate  from  Lau- 
derdale [Mr.  Jones],  the  words  "public  policy,"  because,  if  I<  it 
in,  we.  declare  that  this  Convention  is  opposed  to  reopening  the 
foreign  slave  trade  from  "public  policy"  alone,  and  not  from 
moral  considerations,  It  seems  to  me  that  gentlemen  are  Looking 
at  this  question  from  Mr.  Jefferson's  stand-point  <>f  17^7,  and 
from  that  of  Mr.  Rufus  King,  and  the  disoiples  ^\'  Wilberforce  in 
1  830,  and  are  not  willing  to  be  advised  even  l>\  the  majority  of 
the  Federal  Convention  that  wiselj  considered  the  question  obi) 
in  the  light  of  industrial  interest.  Mr.  Jefferson,  imbued 
in  the  wild  French  theories  as  to  "Cibertv  and  Fraternity," 
denounced  slavery  to  !»•  a  great  political  evil  In  the  earliest  days 
of  the  Republic.  Religious  fanaticism,  after  causing  the  ruin  of 
the  Western  Island  colonies  of  Great  Britain,  then  crept  into  our 
country,  and  in  ls-Jo  succeeded  in  engrafting  upon  Mr.  Jefferson 
antagonism  to  slavery,  another  and  more  mischievous  falsehood, 


TIIK    CONVKNTION    OK    ALABAMA.  349 

Mid  that  was  that  slavery  was  also  a  great  moral  evil.  Under 
the  influence  of  the  conjunction  of  these  two  theories,  the  war 
upon  our  institutions  commended.  And  what  has  been  the  result 
in  the  South,  where  the  practical  working  of  slavery  is  known, 
and  where  the  responsibility  rests .'  A  complete  change  lias  taken 
place  in  public  opinion.  Thirty  years  ago,  there  were  few  in  or 
out  of  our  churches  or  public  councils  who  did  not  believe  that 
slavery  was  both  a  moral  and  political  evil.  IJut  to  day  that  Opin- 
ion is  changed;  ami  there  are  but  few  who  do  not  believe  it  to  ho 
both  morally  and  politically  right.  If  it  were  not  so,  our  people 
would  at  once  take  steps  to  get  rid  of  it. 

Such,  Mr.  President,  were  some  of  the  loading  considerations, 
which  induced  me  to  advocate  a  repeal  of  the  odious  Federal  laws 
on  the  BUDJeot  of  the  foreign  trade  in  slaves,  and  to  leave  that 
question  to  he  decided  by  each  State  for  itself  alone.  A  repeal  of 
those  laws  would  not  have  operated  to  revive,  and  re-open  the  trade, 
me  have  said;  for  some  of  the  States,  our  own,  for  instance, 
have  laws  forbidding  it.  and  treating  their  violation  as  other  in- 
stances of  smuggling  were  treated.  They  provided  for  the  con- 
fiscation <d'  all  slaves  introduced  from  Africa. 

Another  consideration  actuated  me  in  looking  favorably  upon 
tin-  policy  id'  reopening  that  trade;  and  that  was  the  thcu  politi- 
cal necessities  of  the  Southern  States.  They  were  in  a  contest 
for  power  in  the  late  Union — an  attempt  to  preserve  the  balance 
of  power  in  the  Senate.  That  could  only  be  dime  by  keeping 
pace  with  the  North,  in  forming  new  States  But  how  vain  were 
such  cfi'orts,  with  negroes  at  an  average  price  of  one  thousand 
dollars  a- piece.  The  North,  with  a  large  houseless,  landless,  shift- 
less population,  not  knowing  when'  the  shelter  of  to-night  or  the 
bread  of  to-morrow  was  to  be  obtained,  as  soon  as  Territories  w<  re 
opened  for  emigration  was  enabled  to  pour  in  her  restless  and  dis- 
satisfied thousands  ;  whereas  the  South,  with  a  hare  supply  of  valu- 
able labor,  hardly  enough  to  till  her  cleared  lands,  was  in  no  con- 
dition to  compete  for  the  possession  of  those  Territories,  even  un- 
der the  most  friendly  aspects  of  tin-  slavery  question.  To  enable 
her  to  do  so,  it  would  have  been  necessary  to  give  her  an  abun- 
dance Of  slaves  -  more  than  enough  to  till  her  rice  and  OOttOfl  and 
corn  BeldS,  and  to  build  her  railroads;  and  the  only  source  from 
Which  that  Supply  could  have  been  obtained  was    \frie,i        Thi.-,   I 

say.  induced  me  to  he  favorably  inclined  to  the  foreign  Slave  Trade, 

but  was  still  not  id'  sufficient  weight   to   decide    mr   to  advocate  it. 

And  well.  Mr.  President,  might  one  have  paused  before  making 

such  a  decision.     Think,  for  a   moment,  of  tin-  position  of  the 

South  in  the  industrial  world;  think,  for  a  moment,  of  her  growth 


"-'.~><l  HISTORY    AM)    DKHATKS    Of 

in  prosperity,  of  the  stand-point  in  civilization  which  she  ha*. 
reached.  Compare  the  South  of  I860  frith  the  South  of  1787. 
In  L787,  having  but  about  i  half-million  .-laves,  and  not  exporting 
a  bale  of  cotton — in  L860,  baring  four  million  Blavea,  and  export- 
ing four  and  a-half  millions  hairs  of  eotton.     In   17^7,  ouraucos- 

tors  Looked  to  an  increase  of  slavery  with  B  view  to  ■  more  ex- 
tended cultivation  of  "the  sickly  rice  swamps  of  South  Carolina 
and  Georgia*"  What  would  have  been  their  ideas,  as  to  the  i 
of  increase  of  slaves  in  the  South',  could  they  havi  Been  twelve 
million  acres  of  iwamp-land  and  upland,  extending  from  the  At- 
lantic Ocean  to  the  Rio  Grande,  whitened  with  the  cotton  culture, 
and  constituting  the  main-spring  of  the  world's  commercial  and 
manufacturing  industry  f 

How  insignificant  was  the  value  of  slavery,  as  viewed  by  then). 
to  the  utility  of  that  institution  to  the  civilized  world  to-day  !  Tin- 
true  value  of  slave  labor  WSS  B  sealed  hook — never  opened  to  the 
consideration  of  mankind  till  Whitney  discovered  the  cotton-gin, 
and  Aikwri-ht  patented  the  spinning-jenny.  By  these  inventions 
Agriculture  received  a  m  w  dignity  and  worth,  and  Commerce 
opened  new  fields  lor  its  enterprise.  \nd  to  the  South  what 
sources  of  prosperity  did  they  reveal!  All  the  world  produced 
bread — hut  one  portion  of  it  produces  the  cheap  universal  ma- 
terial with  which  that  world  is  clothed;  and  that  portion  may 
be  said  to  be  chiefly  confined  to  the  Gulf  States.  These  States 
can  open  cotton  laud  enough  to  produce  ten  million  hales  of  cot- 
ton, when  the  wants  of  the  world  shall  require  it.  Great  as  is 
the  prosperity  of  the  North,  of  England,  and  of  France,  and  of 
Germany,  that  prosperity  would  wither  like  a  weed  pulled  up  by 
the  roots  in  mid-summer,  were  they  deprived  of  their  trade  in  our 
cotton  bales. 

The  consequence  has  been,  that  negroes,  once  worth  but  two 
hundred  dollars,  are  now  worth  fifteen  hundred  dollars;  lands 
once  worth  ten  dollars,  now  .-ell  for  from  fifty  to  seventy-five  dol- 
lars. Within  a  life,  by  simple  agricultural  skill  on  cotton  culture, 
men  have  amassed  immense  fortunes;  and  within  half  a  century, 
a  culture  commenced  in  a  small  strip  upon  the  Atlantic  seaboard, 
has  opened  the  forests  lor  a  depth  of  fifteen  hundred  by  n  breadth 
of  over  five  hundred  miles — aud  to-day  gives  employment  to  the 
commerce  and  manufacturing  skill  of  the   entire  civilized  world. 

Well,  Mr.  President,  might  one  have  paused  ere  he  undertook 

to  meddle  with  the  foundations  upon  which  this  magnificent  aud 
unparalleled  prosperity  rested.  "Well  might  visions  of  future  poli- 
tical aggrandizement  have  melted  away  before  a  reality  of  pros- 
perity, so  grand  and  so  amazing. 


/ 

THE  CONVENTION  OF  ALABAMA.  251 

l$ut,  sir,  if  such  considerations  induced  a  doubt  under  the  old 
regime,  they  dispel  all  doubt  under  tbe  new.  In  our  anticipated 
Southern  Confederacy,  there  will  be  no  "  irrepresible  conflict" 
amidst  its  elements.  With  a  homogeneous  people,  accustomed  to 
slavery,  holding  it  in  reverence  for  its  origin  and  its  effects — with 
similar  institutions,  similar  climate,  similar  productions,  and  a  com- 
pact and  valuable  territory,  there  will  be  no  domestic  enemy  to 
excite  cur  vigilance,  and  to  call  for  defensive  or  offensive  meas- 
ures. With  no  territories  to  people,  and  no  balance  of  power  to 
strive  for  and  to  sustain,  we  shall  need  no  other  supply  of  labor 
than  the  ordinary  laws  of  natural  increase  and  emigration  of  own 
era  with  slaves  will  give  us  in  abundance.  This  condition  of 
things  may  never  be  altered.  Our  only  outlet  for  expansion  must 
be  through  Mexico — and  I  throw  it  out  as  a  suggestion — that  it 
is,  at  least,  doubtful  whether  we  should  wish  an  expansion  in  that 
direction,  that  would  bring  with  it  the  recognition  of  such  a  maps 
of  ignorant  and  superstitious  and  demoralized  population,  as  Mexi- 
can States,  if  annexed,  would  necessarily  bring.  Upon  one  point 
I  have  no  doubt,  and  that  is,  that  we  should  never  extend  our 
borders  by  aggression  and  conquest.  Springing  into  existence 
a  nation  in  all  its  full  proportions,  by  tbe  disruption  of  the  late 
Union,  like  .Minerva  from  the  cleft  head  of  Jupiter,  I  would  hope 
that,  like  that  goddess,  our  young  Republic  would  be  distinguished 
for  justice  and  wisdom,  and  that  every  portion  of  it  would  indig- 
nantly repudiate  that  spirit  of  rapacity  and  iniquitous  conquest 
which  Coventor  Houston  has  announced,  in  order  to  induce  the 
noble  State  of  Texas  to  pause  in  her  advance  towards  a  union  with 
her  sister  seceding  States  in  the  formation  of  a  Southern  Con- 
federacy. 

But,  Mr.  President,  L  am  extending  my  remarks  beyond  the 
limits  which  L  had  assigned  to  myself.  I  have,  however,  another 
suggestion  which  1  wish  to  make.  From  what  I  have  said,  you 
will  perceive  that  L  am  opposed  to  the  African  Slave  Trade,  under 
the  present  order  of  things,  from  considerations  affecting  our  in- 
dustrial interest!  alone.  At  the  proper  time  I  shall  move  an 
amendment)  proposing  that  the  Southern  Confederacy  shall  pro- 
hibit the  trade  in  slaves  from  any  foreign  quarter  ;  and  1  shall  do 
so  from  tWO  sufficient  considerations  ;  first,  beOS-USe  W6  will  have 
as  many  slaves  in  our  Conlederacy  as  our  Territory  can  profitably 
support  ;  Bi  COnd,  because  we  should  offer  inducements  to  the  slave 
States,  which  have  not  yet  seceded,  to  do  so. 

The  argument  1  have  already  made,  is  in  a  lurge  degree  appli- 
cable to  the  first  point  In  addition,  it  may  be  sai>l,  that  if  we  do 
not  adopt  a  policy  of  exclusion,  as  wide  as  I  have  suggested)  and 


2.*)2  HISTORY     AND     PK.I'.ATF.S    OF 

if  the  other  slave  Sates  should  not  secede,  we  shell  be  flooded  with 
iln  ir  slaves  beyond  the  natural  demand  R>r  then,  and  benee  be 
injure!  n>  that  extent,  li'  they  join  their  fortunes  to  ours,  then 
the  usual  inter-State  Slave  Trade  will  be  continued,  and  we  shall 
haw  an  increased  territory  for  their  labor,  commensurate  to  the 
Dumber  of  slaves  added.  Uui  if  they  do  ool  join  us,  if  they 
ohoose  to  adhere  to  the  CJnjon,  to  retain  their  alliance  to  the  North 
in  preference  to  that  with  lis,  then  it  tnusl  be  clear  that  they  will 
be  compelled  to  get  rid  of  their  slaves  1  > v  sale  or  abolition.  All 
of  those  States — Virginia,  Maryland,  Delaware,  Kentucky,  Mis- 
souri) North  Carolina,  and  Tennessee,  are  beav)  grain  and  stock- 
growing  States,  and  If  they  gel  rid  of  their  slaves,  could  -till  pros- 
per t#  a  large  degree.  If  tney  remain  in  the  late  Union,  thej 
will  bo  powerless  to  protect  their  slaves;  ami  iu  time,  the  pres- 
sure will  be  bo  great  on  thai  institution,  that  they  will  endeavor, 

by  sale,  to  gel  rid  of  every  slave   they  have  as    a    necessity.      The 

only  place  where  they  oan  sell  them,  unless  my  suggestion  shall 
he  adopted,  will  he  in  the  Southern  Confederacy.  If  allowed  to 
do  bo,  then  near  two  millions  of  slaves  will  ho  precipitated  upon 
our  market,  at  any  price.  Worthless  to  their  owners,  who  will 
have  to  choose  between  abolition  and  any  price  they  can  get,  they 
will  he  thrown  upon  us  in  quantities  far  exceeding  our  necessities, 

and  will  hence  depteoiatC  the  value  of  those  we  now  own,  and 
throw  in  our  midst  more  than  We  can  profitably  work  Thu-  we 
-hall  have  all  the  evils  of  the  African  slave  trade  thrown  upon  us. 

To  allow  these  States  this  opening,  in  the  circumstances  that  sur- 
round them,  will  he  for  us  to  throw  away  the  greatesl  power  we 
hold  over  their  action.  If,  however,  we  shall  simply  prohibit  the 
trade  in  slaves  from  any  Quarter  outside  of  the  limits  of  the  South- 
ern Confederacy,  then  will  those  border  States  have  presented  to 
them  this  grave  issue:  shall  they  join  the  South  ami  keep  their 

-laves,  0?  sell  them,  DS  they  choose — or  shall  they  join  the  North, 
and  lose  their  slaves  by  abolition  '■ 

That  18SUe  will  he  for  each  of  those  States  t.»  decide  for  itself, 
of  course;  and  1  cannot  for  a  moment  believe  hut  that,  in  time, 
each  would  decide,  from  motives  of  self-interest,  as  well  as  from 
equally  weighty  considerations  in  favor  of  good  government,  to 
join  the  Cotton  Slates,  and  thus  present  to  the  world  the  South 
united,  prosperous  and  powerful,  for  all  the  purposes  of  peace  or 
of  war. 

.Mk.  I  )owdki.i,  offered  the  following  amendment  as  an  addi- 
tional Seetioll  : 

Retolved)  That  we  regard  the  Institution  of  Slavery,  as  it  exists 


TIIK    CONVENTION    OF    ALABAMA.  253 

in  the  slave-holding  States,  South,  to  be  a  mural,  social,  and  politi- 
cal blessing;  and  the  people  of  Alabama*,  do  now,  ami  should 
hereafter  discountenance  any  and  all  attempts;  either  directly  or 
inditectly,  by  legislation  or  otherwise;  to  hinder  its  growth  and 
expansion. 

Mr.   I  )ownr.i.i.  said  : 

iff,  President — By  offering  this  amendment  lei  me  not  be  un- 
derstood as  advocating  the  policy  of  reopening  the  African  Slave 
Trade.  The  lateness  of  the  hour  forbids  a  full  discussion,  and  1 
shall  only  make  a  few  suggestions. 

The  adoption  of  the  substitute  would  indicate  a  distrust  on  the 

part  of  this  Convention,  oi  the  morality  of  the  Institution.  The 
amendment  which  I  offer,  if  adopted,  will  exclude  such  an  idea. 
It  declares  a  truth  most  verily  believed  among  us,  the  assertion 
of  which,  at  this  time,  may  do  much  good  ;  it  can  possibly  do  \u\ 
harm.  Outside  of  the  slave-holding  States  an  opinion  prevails, 
that  we  are  divided  on  this  subject — that  we  have  advanced  no 
further  than  mere  apologists  for  an  evil  entailed  upon  us — that 
we  would  gladly  escape,  were  it  possible.  That  opinion  should  he 
corrected. 

The  world  should  know  that  the  Southern  people  are  agreed 
upon  the  moral  question — that  we  regard  this  Institution  among 

us  a  positive  good — a  blessing  both  to  the  white  and  the  black 
races — that  OUT  consciences  are  clear,  and  that  we,  an  undivided 
people,  are  prepared  to  maintain  that  truth.  The  declaration  of  it 
in  solemn  form,  is  demanded  to  meet  successfully  the  errors  on  the 
subject,  that  prevail  to  an  alarming  extent  in  the  Christian  world.  1 
have  confidi  nee  in  the  power  of  truth.  It  must  at  length  prevail, 
whatever  be  the  odds  against  it  now.  Opposed  to  the  policy 
of  reopening  the  African  Slave  Trade  now.  yet,  1  cannot  vote  for 
this  substitute.  I  will  oonaenl  to  no  policy  which  hind-  posterity 
upon  a  (subject  not  radically  and  morally  wrong. 

Wo  have  juit  dissolved  the  Union  beoiuse  a  distinction  wis 
recoj  'ween   slave,  property    ml   other  km!-   of  property 

hostile,  to  tic  former.  Shall  we  ourselves,  at  the  outset  of  our 
Government,  acknowledge  the  justice  of  such  distinction  by  un- 
friendly discrimination,  and  fix  in  our  fundamental  law  alls. lute 
limits  to  the  growth  and  diffusion  of  this  persecuted  species  of 
property?  Does  nofthesubsl  tuteoffeTed  bj  the  gentleman  from 
Lauderdale  make  such  discrimination? 

Kxainiie'  it  closely.  What  doea  it  propose?  Why,  thai  we 
shall  instruct  our  Deputies  to  insist  upon  such  restrictions  a-  will 


254  HISTORY    AM)    DKHATES    OF 

effectually  prevent  the  reopening  of  the  African  Slave  Trade.  I 
enquire  with  what  power  do  we  invest  our  Deputies  ?  To  propose 
organic  laws  for  ratification  ;  in  a  word,  to  make  organic  laws. 
Therefore,  this  substitute,  in  effect,  contemplates  the  incorporation 
of  restrictions  upon  this  trade  in  the  Constitution.  First,  then, 
yon  discriminate  between  slave  and  other  property  ;  next  you  iix 
this  discrimination  hostile  to  .slavery,  in  the  organic  law,  beyond 
the  reach  of  ordinary  legislative  discretion.  Although  not  de- 
igned, it  casts  odiuru  on  that  Institution.  Change  the  kiud  of 
property  to  be  effected  by  the  substitute,  and  who  would  vote  for 
it?  Let  us  see.  Suppose  it  should  read  thus,  "  that  our  Depu- 
ties are  instructed  to  insist  upon  such  restrictions  as  will  effectu- 
ally prevent  the  trade  in  horses,"  this  Convention  Would  say,  our 
people  would  say  not  so,  let  us  buy  horses  where  we  can  buy  them 
cheapest.  Let  us  account  for  the  difference.  The  world  favors 
the  traffic  in  horse- — does  nol  regard  it  a  moral  evil — and  we  should 
risk  nothing  therefore,  by  voting  down  such  restrictions,  if  attempt- 
ed ;  but  the  outside  world  regards  slavery  to  be  a  moral  evil,  and 
we  must,  1  suppose,  respect  the  sentiment,  ;it  least,  show  due  def- 
i'erence  to  it  by  active  legislation  in  behalf  of  the  heresy.  Sir, 
for,  one  I  protest  against  so  suicidal  a  policy.  Let  us  do  nothing 
from  which  an  inference  might  bo  drawn,  that  we  regard  either 
the  Institution,  orthe  trade  morally  wrong.  Lei  ns  rather  at 
the  truth,  that  both  are  morally  right — assert  it  boldly  and  open- 
ly. There  is  Strength  and  safety  in  this  course.  A  temporising 
policy  will   weaken,  if  not  destroy  us. 

[[  we  do  not  regard  the  African  Slave  Trade  to  be  morally 
wrong,  1  ask  gentlemen  why  do  they  desire  to  incorporate  a  prohibi- 
tion of  it,  in  the  organic  law?  The  Constitution  of  the  United 
State.-  contains  no  such  prohibition.  The  argument  just  made  by 
the  gentleman  from  Montgomery^  [Mr.  Yancey. J  establishes  this, 
beyond  all  question.  No  strict  constructionist  will  contend  that 
any  such  power  to  prohibit  Was  granted  by  that  instrument.  Shall 
we,  then,  insist  that  our  new  Constitution  shall  contain  a  clause  con- 
demnatory of  our  peculiar  Institution,  which  the  old  Constitution 
did  hot?  Are  we  to  make  it  worse  instead  of  better  for  US  ? 
Then  adopt  this  Substitute,  or  the  Ordinance  of  which  it  is  an 
amendment,  and  it  will  be  there,  SO  far  as  Alabama  may  have  a 
voice  in  the  Southern  Congress.  Uut  gentlemen  are  mistaken 
when  they  suppose  such  a  course  will  conciliate  the  border  slave- 
holding  States,  and  encourage  them  likewise  to  secede.  I  do  not 
believe  if  will.  They  will  be  governed  by  other  considerations. 
They  will  sooner  or  later  unite  their  fortunes  with  us.  To  avoid 
temporary  injury,  however,  we  ought  not   to  refuse  to  declare  a 


THE  CONVENTION  OF  ALABAMA.  265 

great  truth,  and  one  so  important  to  us.  The  assertion  of  it  may 
be  temporarily  detrimental,  but  to  refrain  from  its  assertion  in- 
volves greater  evil.  If  it  be  impolitic  to  reopen  the  foreign  Slave 
Trade,  let  it  be  prohibited  by  Congress  or  the  Legislature,  but  ig- 
nore the  subject  on  the  organic  law,  and  leave  it  to  legislative  dis- 
cretion. Their  action  can  be  readily  adapted  to  the  necessities  of 
the  times,  and  should  be  based  upon  grounds  of  expediency  alto- 
gether. It  is  doubtless,  inexpedient  for  Alabama,  at  this  time,  to 
insist  upon  reopening  the  trade.  It  may  never  be  expedient  for 
her  to  do  so.  Let  it  be  so,  but  let  her  keep  the  power  in  her  own 
hands,  to  be  exercised  or  not,  in  the  discretion  of  her  people.  Es- 
pecially should  she  not  insist  on  being  bound  herself,  re- 
strict the  action  of  other  States  and  people  beyond  the  wis- 
dom of  the  fathers,  who  made  the  old  Constitution.  They  ex- 
tended the  trade  for  twenty  years,  unalterable  by  amendment  of 
the  Constitution,  and  although  Congress,  at  the  expiration  of  that 
time,  prohibited  the  same,  the  power  was  assumed  and  clearly  un- 
constitutional. 

The  result  of  the  usurpation  was  to  strengthen  the  North,  and 
weaken  the  South ;  to  destroy  the  equilibrium  of  power,  and  ren- 
der a  separation  absolutely  necessary  to  our  political  freedom  and 
the  safety  of  our  Institutions.  Arc  we  prepared  to  engraft,  the 
--.inic  error  upon  our  new  Confederacy;  to  plant  it  deep  in  our 
organism,  by  making  it  a  part  of  our  Constitution  ?  I  trust  that  it 
will  not  be  done.  I  Jo  not  desire  to  see  the  causes  in  operation 
to  reproduce  "the  irrepressible  conflict"  in  our  borders,  to  avoid 
evils  of  which,  it  became  necessary  to  dissolve  the  old  Govern- 
ment. I  do  not  believe  that  the  Institution  of  slavery  will  be 
put  in  jeopardy  by  the  prohibition,  but  sooner  or  later,  it  will,  I 
fear,  create  the  necessity  for  another  separation  to  preserve  it.  We 
have  escaped,  by  promptly  seceding  from  the  Union,  the  tyranny 
of  unrestrained  majorities.  We  art;  now  beyond  the  power  of  their 
Legislative  action,  but  we  must  reflect,  that  we  cannot  retire  be- 
yond  the  influence  of  laws  which  govern  the  world. 

It  la  a  law  that  the  hungry  will  hurt  for  bread;  thai  wherevttf 
the  wages  of  labor  are  remunerative,  there  labor  will  go.  1  ask 
gentlemen  to  t.dl  me.  what,  will  prevent  the  white  laborers  of  the 
North  from  leaving  low  wages  at  home  to  secure,  by  immigra- 
tion  to  the  South,  the  high  wages  whieh  must  continue  to  pule 
here.  If  the  number  of  slaves  be  restricted  to  the  natural  in- 
creased    Jfou  may  attempt  to  prohibit  immigration  by  refusing 

the  privileges  of  citizenship,  ami  imposing  Other  political  disal>il- 
ities.  but  they  will  come  neverthi  l<  as.  oread,  to  satistY  the  cra- 
vings of  hunger,  will  be  an  Inducement  to  immigration,  superior 


UIsToKY     AND     PKllATKS    OF 

such  prohibitory  enactments  Social  inequality  itself  vi  •  > 1 1 1 « 1 
not  deter  the  hungry  from  the  land  of  plenty.  They  will  oome, 
pith  a  large  surplus  population,  settle  the  middle  and  heal- 
thy latitudes,  driving  the  dearer  labor  of  the  slave  to  the  sh 
of  the  Gulf,  and  to  the  alluvial  bottoms  <>t"  the  South-west.  But, 
vir.  I  never  wish  to  see  that  day.  1  hope  it  may  never  com 
the  South,  wlu'ii  safety  to  the  institution  of  slavery  shall  requite 
■A  or  political  Inequality  so  bs  established  among  white  peo- 
ple. No,  Bir;  never  let  it  oome.  Let  us  now  adopt  a  cours 
prevent  it — .1  better  couth — one  consistent  witli  Southern  ideas 
and  conservative  of  slave  property  and  ;ill  other  kinds  of  pro- 
perty. Let  H-!  keep  the  white  raee  as  they  arc  here  now,  and 
ought  ever  to  b< — free,  equal  and  independent,  socially  and  po- 
litically; recognise  no  subordinates  but  those  whom  God  ras 
made  to  be  such — the  uhildren  of  Sam — and  whose  subordina- 
tion to  a  superior  race  Beoures  their  happiness,  protection  and 
mural  elevation. 

\  simple  act  of  secession,  then,  will  not  stay  the  tide  of  Immi- 
gration, and  the  influx  of  white  laborers  from  the  North  will 
likeij  introduce  the  very  evils  which  we  have  endeavored  !<• 
avoid.  How  long  it  will  be  before  the  evil  becomes  serious,] 
cannot  tell.  But,  sooner  or  later,  it  will  be  upon  us,  unless  the 
demand  for  h>bor  at  the  South  shall  be  supplied  from  some  other 
source  of  a  cheaper  character,  and  consistent  with  our  present 
lal"  >r  s\  stem. 

Then,  Wisdom  dictates,  Mr.  President,  that  we  should  not  tie 
our  own  bands,' nor  the  hands  of  those  that  come  alter  us.  [f 
deem  I  cpedient  now.  let  us  prohibit  the  introduction  of  \fri- 
cajiM  from  abroad,  but  keep  the  prohibition  out  of  the  fundamen- 
tal law. 

\  ioth  r  reason,  let  m  •  offer  here,  why  the  Legislature  or  Coo> 
-  should   be  h-ft  free  to  act   in  its  discretion  upon  this  most 
important    subject:    The   border  slavehoiding  States  might  be  in- 
!  to  remain  in  the  old  I  nion»      Should  this   be  so.  their  pec- 
pie,  wo  di  expect  to  disconnect  themselves  from  the  institution  of 
slavery,  as  other  States  have  done,    by  selling  their  slaves  to  us 
at  r ■•iiiuii ei-ative    prices — at  all    events,  without   loss.     A  change 
dilutions  would  work  a  ohangeof  sympathies  and  affections. 
We  must   not   h.se  their  friendship,  certainly  not,  by  a  process 
which  shall    make  us   pay  for  that    loss  at    the  rate  of  a  thousand 
dolhi-s  apiece  for  their  slaves.     No, sir ;  let  us  hold  their  friend- 
ship by   keeping   them  a  slavehoiding  people.     Let   them  keep 
and  eii  pish  their  institutions.     We  can  get,  if  necessary  for  our 
people,  supplies  elsewhere  much  cheaper. 


THE    CONVENTION    OF    ALA13AMA.  247 

Besides,  sir,  another  reason  might  be  given  why  it  would  be 
unwise  to  bind  ourselves  to  any  particular  policy.  A  most  cruel 
and  inhuman  System  of  Slavery  lias  beCn  countenanced  by  Great 
Britain  and  France  under  the  name  of  "cooMea"  and  "apprenti- 

<•('s.',  Suppose,  cither  or  both  of  those  Countries  should,  in  con- 
tempt of  the  Monroe  doctrine,  choose  to  introduce  such  systems 
of  labor  into  Mexico  or  the  Central  American  States,  and  there- 
by plant  their  African  apprentices  iii  proximity  to  our  borders, 
with  a  purpose  to  limit  our. expansion,  hinder  our  growth,  and 
eventually  supplant  and  undermine  our  Slavery  institutions,  but 
under  the  plausible  pretext  of  producing  their  own  cotton,  rice 
and  tobacco.  I  Pf  course,  tied  down,  as  we  should  be  by  this  Con- 
stitutional prohibit  ion,  we  must  quietly  submit,  or  engage  in  a 
war  expensive,  perhaps  disastrous,  to  prevent  it.  Are  we  dream- 
ing? Are  we  fast  asleep?  Will  England  hesitate  to  enter. 
wherein  her  interests  invite?  Has  she  not  already  expended  un- 
told treasures  in  the  East,  in  the  vain  effort  to  supply  her  facto- 
ries with  Cotton  '(  Will  she  quietly  submit  to  her  losses.au>: 
forego  an  Object  SO  cherished  and  so  necessary  to  her  political 
mercantile  and  soical  independence'.''  Let  me  tell  you,  she  will 
not.  England  will  endeavor  tC  make  her  musquito  protect,, rate 
the  ha-ds  of  a  policy  which  shall  take  in  the  Country  from  the 
IJio  ( 'ralide  to  the  Isthmus. 

Give  us  a  surplus  of  African  Slaves,  and  the  advantage  of  our 

proximity  to  that  Country,  and  the  still  higher  advantage  of  our 
humane  and  ennobling  system  of  labor,  ana  we  can  without  force, 
effectually  prevent  the  introduction  of  "coolies'*  and  "apprenti- 
ces,'* and  thus  avoid  the  risk  and  necessity  of  collision  to  secure 
safety  to  ourselves  and  security  for  our  humane  system  of  Afri- 
can Slavery.  I>v  a  timely  and  judicious  policy,  we  could  sett  |c 
the  neighboring  States  and  Territories  with  their  opposition',  and 
thus  carr\  peacefully  and  by  purchase,  our  institutions  as  far 
South  as  soil  and  climate  and  production  would  with  profit  in- 
vite Slave  labor.  To  do  this  we  must  not  tie  our  hands  and 
cripple  our  energies,  because  a  fanatical  outside  world   believes 

African  Slavery  to    be    in>, rally     WTOUgj    and    the    African    Slave 

Trade  to  be  infamous.  We  must  dare  to  do  right — have  the 
Legislative  power  unrestricted,  to  be  exercised  according  to  ihe 
wisdom  and  necessity  of  its  own  times. 

Then  sir.  I  hope  that  however  much  we  may  be  opposed  to  tl,« 
reopening  of  the  African  stave  Trade  at  this  time,  we  shall  vote 
down  both  the  substitute  and  the  Ordinance,  which  proposes  per- 
manent restrictions  upon  Legislative  freedom  and  discretion — 
that  we  shall  leave  our  Legislators  free  and  untrammclecL  on 
1? 


258  llisioKY    am>    dkhaiks    Of 


this  subject,  to  meel  and  repel  the  dangers  which  threaten  us— to 
embrace  the  benefits,  which  must  result  to  ue,  to  the  white  race, 
to  the  African,  yea,  to  all  mink in<  1  in  extending,  threatening,  ami 
perpetuating  Slavery  institutions.  It  secures  toe  equality  of  the 
white  rare,  and  upon  its  permanent  establishment  pests  the  hope 
of  democratic  Kbertj . 

M  it.    Pomi    said  : 

Mr.  ]'r<  si<lt  itt — Sir,  this  debats  has  taken  a  strange  course. 
'J.ntlemen  upon  this  lloor.  not  content  to  discuss  this  measure 
upon  its  true  merits,  have  wrung  in'"1  the  debate  the moralit)  of 
this  trade.  This,  1  think,  air,  is  highly  improper,  for  the  reason 
'hat  we  are  not  assembled  here  tOAdopi  a  code  of  Morals,  as  was 
^i  justly  remarked,' a  fewdaysjsince,  by  m\  friend  from  Green. 
But  we  are  here,  sir,  to  consider  and  do  what  the  true  policy  of 
Alabama  demands ;  and   this  subject   should  be  considered  in  its 

political,  and  not  in  its  moral  aspects.      When  this  measure    was 

before  us  a  few  days  ago,  1  took  occasion  to  pxpress  my  oonvic 

ions  as  to    the    morality    of  this  trade  as  it  was   once  carried  on. 

and  as  it  might   he  conducted  again  it'  tolerated,  and   I  trusl  m\ 

expression  then  was  so  qualified  aa  nol  to  he  misunderstood,     sir. 

the  amendment  proposed,  simply  strikes   out  a  Qualifying   clause 
sliieh  states   that     we  are  acting  upon  the  "ground    of  public  |>"l 
icy."      Now  sir.  it  is  clear  to  my  mind  that  all  has  been  done  l>\ 
this  body  has  lieen    done   upon    principles    of    policy.      Wo  Could 

have  proceeded  on  no  other  principles.  For  had  measures  Keen 
proposed  here,  to  be  adopted  or  rejected  upon  principles  of  mof 

dity  in  contradistinction  to  the  principles  of  policy,  then  certain 
ly  we  should  have  had  some  understanding  upon  the  subject  at  the 

outset.  As  this  was  not  done,  the  presumption  must  lie.  thai 
VO  have  proceeded  upon  principles  of  policy  alone.  In  this  w  ( 
have  evidently  been  tight.  And  these  principles  should  still  con- 
trol us  in  all  our  deliberations  and  proceedings,  Molding  thesi 
views.  1  favor  the  amendment  now  proposed  and  hope  it  will  pre- 
vail; for  certainly  the  resolution  before  us  needs  no  such  qualifi- 
cation as  this  clause  proposes. 

Mu.  \\  \n-  proposed  a  substitute  tor  the  Resolution  as  fol- 
lows : 

Strike  out  all  alter  the  word  "Resolved,"  and  insert  : 

That,  in  the  opinion  of  this  Convention,  it  is  unwise  and  inex- 
pedient t"    reopen  the  African   Slave  Trade,  and    the  Convention 


THE  CONVENTION*  OF  ALABAMA.  259 

of  seceding  States  should  adopt  measures  to  prohibit  the  impor- 
tation of  slaves  into  the  Southern  Republic  for  sale  from  am/ 
source. 

Mk.  Smith,  of  Tuscaloosa,  said  : 

Mr.  President — There,  is  something  in  this  amendment  that 
demands  examination.  Let  us  look  at  it  cautiously.  It  is  fraught 
with  evil  and  disaster.  There  is  an  old  Baying,  that  -  whom  the 
gods  intend  to  destroy,  they  first  make  mad  :"  and  it  does  seem 
to  me  that  we  are  rushing  upon  our  fete  with  blind  fury  and 
heedless  ineonsideration. 

We  have  made  strangers  and  enemies  of  three-fourths  of  oat 
countrymen,  and  now  ire  propose  deliberately  to  (lout  the  faces  of 

our  friends;  for.  as  I  view  this  amendment,  it  is  nothing  less  than 
a  threat  of  defiance  held  out  to  the  border  slave  States,  carrying, 
in  a  closed  hand,  a  bribe.  This,  doubtless,  is  not  the  intention  of 
the  mover  of  this  amendment,  hut  it  is  the  interpretation  that 
all  the  world  will  give  the  proposition.  It  simply  says  to  the 
border States,  if  you  do  not  come  you  shall  have  no  slave  market 

h"|-e  ;    if  you  do  eoine.  you  can  have  a  slave  market. 

What  is  the  all-important  question  that  we  should  now  keep 
constantly  in  view?  We  have  dissolved  the  Union;  declared 
ourselves  independent.  The  building  up  of  the  new  State,  so  far 
as  the  organic  form  of  law  is  concerned,  however  important,  is 
still  secondary  to  the  greater  question :  Having  declared  our  in 
dependence,  and  set  up  for  ourselves, how  arc  we  best  i"  preserve 
that  independence,  and  to  sustain  our  position  ?  Taking  this.  then, 
as  the  great  question,  let  us  stand  upon  it,  and  look  upon  our; 
selves  in  the  attitude  in  which  this  amendment  places  i's. 

We  have  already  been  told,  some  days  ago,  in  this  Convention, 
by  the  gentleman  from  Montgomery,  [Mr.  Yancey,]  that  great 
apprehensions  prevailed  in  the  border  Stato — Kentucky.  Virgin* 
ia.  North  Carolina  and  Tennessee — that  the  Gulf  Slates  designed 

to  reopen  the  African  Slave  Trade;  that  he  had  himself  received 
letters  from  distinguished  persons  in  those  States,  informing  him 

that  hut  )'..!•  the  fear  that  the  new  Confederacy  would  reopen  the 
African  Slave  Trade,  there  would  be  a  much  stronger  and  more 
general  movement  in  those  State-,  in  favor  of  dissolution.  If 
this  he  a  true  state  of  the  public  mind  Ul  those  Stales;  if  th. 
few  that  the  new  Confederacy  would  reopen  the  African  Slave 
Trade,  cheeks  the  feeling  and  the  movement  in  those  States  in 

favor  of  dissolution,  would  not  the  adoption  of  this  amendment. 
at  this  particular  time,  have  a  like  effect  ?     If.  before  this  South- 


260 


HISTORY    A\n    DEBATES    OF 


nil  Confederacy  is  formed,  Alabama  should  Bay  to  North  Caro- 
lina and   Virginia:  "  We  toitt  not  import  slaves  from  y* 
will  it   not  check  the  feeling  and  movement  toward  secession 
there  .' 

These  old  States  are  the  sources  of  your  own  blood,  if  you 
will  imt  bear  a  threat  patiently,  is  it  sensible  t<>  suppose  that 
they  will  bear  it  f  It'  a  threat  arouses  you;  will  not  a  threat 
arouse    them'.'      It'  a  threat    throws   you   Upon   ytfUT  dignity;   ami 

stirs  the  fountains  of  your  scorn  ami  indignation,  will  it  not  do 
the  same  with  the  citizens  of  the  old  States!'  They  are  bone  of 
your  bone,  flesh  Ofyourflesh.  They  sent  out  the  pioneers  to 
cleave  away  the  wilderness;  to  drive  out  tin-  panther  and  the 
bear;  to  risk  the  tomahawk' and  scalping  knife,  and  to  brave  all 
tiie  horrors;  privations  ami  disasters  of  border  life,  for  the  sake  of 
civilization.  It  is  the  land  of  their  inheritance,  by  nature  ami  by 
blood.  Hut  now.  '-clothed  in  a  little  brief  authority,**  you  lilt 
your  hands  against  your  sires.  You  have  grown  rich  in  lands,  in 
-and  in  monej  ;  plenty  falls  hi  your  laps,  and  gold  lolls 
at  your  feet.  In  the  splendor  of  your  prosperity  you  forget  the 
land  of  your  nativity  and  the  graves  of -your  ancestors.  When, 
.1  -  ph  grew  rich  in  Egypt,  and  had  gathered  abundant  stores  to 
tied  thjH  famine-struck  nations,  his  lather  and  his  brothers  were 
the  first  in  his  grateful  recollection:  and  thus  he  illustrated  the 
beaut}  of  that  Divine  Decree — "Honor'thj  father  and  thj  mo- 
ther, that  th\  days  maj  be  long  in  the  land  tbhich  the  Lord  thy 
<         ivt th  thee" 

It  is  said  bj  the  gentleman  from  Montgomery  [Mr.  Yancey] 
that,  by  prohibiting  the  introduction  of  slaves  from  the  border 
State-,  we  shall  offer  them  inducements  to  secede  and  join  us.     I 

do  not  adopt  this  sentiment.  It  would  be  measuring  the  patriot- 
ism of  the  border  States  |,\   dollars  and  cents. 

The  hesl  way  to  secure  their  coop,  ration  and    union  is  to  Heal 
them  as  brothers  and  as  fathers;  to  claim  their  countenance  and 
their  strong  arm  as  due  to  us  bj  the  indissoluble  ties,  not  onlj  of 
a  common  interest,  but  of  common  blood. 

One  of  the  objections  to  the  reopening  of  the  African  Slave 

Trad.-  is,  that  it  Will  operate  injuriously  on  slave  property  in 
reducing  its  value,  by  placing  the  native  \frican  in  the  market 
St  a  lower  price.  If  we  wish  the  cooperative  action  of  the  bOT* 
der  States,  we  should  not  only  give  them  assurances  that  the 
African  Slave  Trade  shall  not  lie  opened,  hut  we  should  BO  shape 
our  measures  here  as  to  relieve  them  entirely  of  all  apprehensions 
now  entertained  by  them  as  to  the  results  of  secession  upon 
the  permanent,  present  and  future  value  of  their  slave  property. 


THE  CONVENTION  OF  ALABAMA.  2()1 

Suppose  the  bonier  States  refuse  to  indorse  the  wisdom  of  the 
polioy  of  secession,  and  decline  to  join  us;  .shall  we  treat  them  as 
enemies,  then?  They  may  nol  join  us  in  the  political  movement. 
but  still  they  may  he  our  friends.  Not  favoring  our  political  dis- 
union, bat,  remaining  in  the  old  Union,  they  would  be  potent  to 
do  us  good  or  evil.  Shall  we.  by  thus  closing  our  doors  against 
them,  so  inspire  them  with  contempt  or  carelessness  as  to  make 
them  fold  their  arms  and  be  neutral  in  the  great  struggle  that  we  are 
courting  with  the  North?  No,  sir.  Let  US  claim  them  as  bro- 
thers; and  they  who  would  scorn  your  threats,  would  come  flock- 
ing in  thousands  in  answer  to  the  more  natural  appeals  for  their  al- 
liance. They  will  be  the  bulwarks  over  whose  battlements  the 
enemy  would  have  to  climb  before  he  could  reach  your  borders. 
Their  hearts  would  be  the  first  to  feel  the  cold  steel  of  the  inva- 
der. 

Sir,  1  have  been  pained  at  the  injustice  which  leads  us  to  lay 
the  foundation  of  a  war  without  the .consent  of  the  very  people 
who  will  have  to  do  the  fighting  when  the  great  day  of  battle 
comes.  That  they  will  do  this  fighting  when  the  day  comes, 
whether  they  join  us  in  a  political  union  or  not.  1  have  never  had 
a  doubt.  When  the  appetite  of  the  North  shall  crave  the  blood 
of  the  South,  that  South  will  present  an  unbroken  front.  Polit- 
ieal considerations  and  federative  unions  will  all  be  postponed 
for  this  necessary  alliance  of  defence.  If  this  war  is  expected — 
and  who  does  not  expect  it? — if  this  war  is  expected,  why.  at 
this  early  day,  seek  to  mar  the  harmony  of  that,  fraternal  senti- 
ment that  pervades  the  entire  South  ? 

We  who  have  been  in  favor  of  consulting  and  cooperating  with 
the  border  slave  States,  and  who  have  yielded  our  w  ishes  for  the. 
sake  of  public  unanimity,  and  have  come  heartily  into  the  sup- 
port of  the  State  under  all  emergencies,  are  now  called  upon  to 
ail  by  quietly  and  see  these  old  States  flouted  in  the  face  with  a 
threat  !  This  is  ungenerous.  And  are  not  the  border  slave 
States  as  vitally  interested  in  this  momentous  movement  of  dis- 
solution as  we  are  |  Nay.  sir.  are  they  not.  in  a  practical  sense. 
more  SO?  They  lose  a  hundred  slaves  to  our  one.  Thei  lie 
upon  tlh'  borders  of  the  enemy,  with  no  defensive  barriers  be- 
tween. A  Kentucky  negro  that  can  swim  a  few  hundred  yards 
can  obtain  his  freedom  ill  an  hour.  If  these  and  other  great  ODD- 
siderations  were  not  sufficient  to  move  you  t"  pause  for  a  consul- 
tation with  these  old  Slates.  m;n  we  not  hope  that  at  least  you 
will  now  pause  and  consider  this  question  well  before  you  declare 
the  citizens  of  these  State>  to  be  foreigners.  They  have  popula- 
ted your  state;  you  share  their  glories  j  your  neighbor,  Teanes- 


*2G2  1 1 1 ^t< » it ^     \Ni>    DKBAYM    0» 

fought  your  great  battles  when  you  were  children,  and  shield 
ed  your  mothers  from  the  Indian  tomahawk!  Talladega  was 
made  historic  by  the  solemn  war  tnrap  of  the  immortal  Jackson, 
the  blood  of  whose  gallant  soldiers  enriched  the  soil  of  Alabama! 
\ii'l  ii<>w.  in  one  rash  hour,  you  propose  to  make  foreigners  of 
that  people,  who  fed  upon  acorns  while  serving  you  in  the  day 
of  your  direst  necessity.  \\  ill  you  east  off  such  tried  friends  a-* 
these,  and  Lr"  drifting  upon  the  great  sea  of  uncertainty  for  other 
allies  .' 

••  The  friend* thou  ha*t,  and  ihelt  adoption  tried, 
1 ;  rapple  tht  m  to  thy  toal  with  hooka  <>r  steel  | 
l?nt  do  not  dull  iliy  i'hIhi  frith  entertainment 
Ol  each  new-hatched,  unfledged  comrade." 

Enthused  as  we  are  at  this  time;  lifted  up  bj  the  spirit  of  Pa- 
triotism ;  exhilarated  by  the  excitements  that  surround  us,  and 
animated  by  the  contemplation  of  the  novel  position  we  oocum 
before  the  world;  exultant  of  our  prospects,  and  confident  in  the 
valor  of  our  people,  and  the  universal  determination  thai  prevails 
in  the  land  to  sustain  our  independence  to  the  last  extremity,  wc 
may  yet  over-estimate  our  strength  and  count  without  our  hosts. 
And  \ on  who  expect  that  tin-  cotton  States  alone  will  be  able,  to 
sustain  this  contemplated  war.  without  the  aid  of  your  neighbor- 
ing sisters,  do  over-estimate  youx  strength,  sad  count  without 
your  hosts.  I  know  the  unbending  spirit  and  the  unquaQing  \al 
or  of  the  people  oi'  Alabama ;  but  courage  is  aot  the  onlj  sinew 

ot    war.      I  know  the  wealth  of  OUt  people  and  the  prodigal  liber* 

ality   with  which  it  will  flow,  when  needed,  tor  the  public  safetj  : 

hut  wealth  is  not  the  oulv  sinew  ot'  war.  It  ma\  be  that,  in  some 
respects,  we  are  not  reodj  fpc  an  immediate  outbreak  of  active 
hostilities,  There  is  no  need  of  rushing  into  war.  Wc  must  not 
he  the  invaders.  Let  ns  husband  our  resources;  arrange  our 
engines  and  prepare  for  the  conflict;  and.  in  doing  this,  while  we 
del)  our  enemies,  let  us  holdfast  to  our  friends. 

I  pon  vote  taken  on  Mr.  Watts*  amendment,  it  was  defeated, 

Mi:.  .1  imisiin  moved  the  previous  question  in  order  to  cu)  oil' 
all  amendments,  and  the  ayes  and  i s  bpinc  demanded,  the  re- 
sult was.  ayes  •.".•.  noes  .'!7  ;  so  the  call  for  the  previous  question 
was  no1  sustained. 

Mi:.  Johnson  said  : 

Mr.  President — I  rise  not  for  the  purpose  or  with  the  desire  to 
make  a  speech,  hut    of  making  an   explanation. 


'1T1E    CONVENTION    OF    ALABAMA.  26H 

I  had  been  inclined  bo  vote  for  the  substitute  offered  by  the 
gentleman  from  Lauderdale,  although  not  as  strong  in  its  prohi 
bitory  provisions  ;is  I  would  like;  but,  sir,  when  the  additional 
Resolution  offered  as  an  amendment  by  the  gentleman  from 
Chambers,  was  passed,  1  was  not  only  astonished,  but  will 
most  certainly  be  compelled  to  vote  against  the  substitute  aw 
amended.  It"  I  understand  the  question  correctly,  we  are  pro 
hihited  from  voting  OB  the  "  Ordinance"  reported  by  the  Com 
mittce.evcn  though  we  refuse  to  pass  the  substitute,  for  theConveii 
tion,  in  refusing  to  sustain  the  call  for  the  previous  question,  did,  in 
a  parliamentary  sense,  refuse  to  entertain  the  main  question  or  Or 
dinauee ;  and  hence  if  we  vote  against  the  substitute,  the  inference 
is  natural,  that  we  are  opposed  to  the  expression  by  this  Conven 
tion,  of  its  disapprobation  of,  or  opposition  to,  the  reopening  o' 
the  African  Slave  Trade* 

I  am  unwilling  to  place  myself  upon  the  record  in  such  way  a* 
to  admit  of  that  construction,  and  hence  the  necessity  for  this  ex 
planation. 

The  substitute  offered  by  the  gentleman  from  Lauderdale,  as 
scits  in  the  preamble,  that  we  are  opposed  to  the  reopening  of  the 
African  Slave  Trade,  "upon  the  grounds  of  public  policy,"  and 
therefore  puts  to  rest  the  supposition  that  we  are  opposed  to  it 
upon  the  grounds  of  its  immorality. 

The  Resolution  proposes  to  instruct  the  Deputies  elected  by 
this  Convention  to  the  Southern  Convention  to  insist  upon  the 
enactment  by  the  said  Convention  of  such  restrictions  as  will  ei 
tectually  prevent  the  reopening  of  the  African  Slave  Trade,  be 
cause  we  are  opposed  to  it  upon  the  grounds  of  public  policy.  Tin 
additional  Resolution  which  has  just  been  passed  byway  of  amend 
ment,  asks  that  the  Southern  Convention  shall,  by  Legislation,  pre 
vent  any  detriment  to  the  growth  or  expansion  of  the  Instituior. 
of  slavery  ;  because  it  is  a  blessing  morally,  socially  and  poiiti 
.•ally. 

In  other  words,  the  gentleman  from  Chambers  would  have  this 
Convention  ask  of  the  Southern  Convention  the  growth  and  expttn 
tion  of  the  lusitution. 

Tic  gentleman  says  his  Resolution  contains  no  such  idea;  thai 
it  simply  intends  to  assert  thai  slavery  is  a  blessing;  but  when  we 
examine  the  last,  which  is  the  saving  and  binding  clause  of  bin 
R  solution,  we  find  that  it  is  an  invitation  for  the  expansion  of  sla 

very,  and  that  tOO  ID   connection   with   the   subject,  of  the   African 
Slave  Trade. 

II  iw.  sir,  would  thai  Convention,  when  it  came  to  passing  a  law 

upon  the  subject  of  the  African  Slave  Trad-,  be  besl  able  to  carry 


■.'•'>  I  HISTORY     AMI    IH'.HATKS    OK 

out  tli.-  idea  of  the  gentleman  1  Most  assuredly  bj  reopening  the 
African  Slave  Trade,  ft*  that  is  the  oheapesl  and  quickest  wa)  of 
expanding  it.  Yet  we  say  in  the  same  Resolution,  that  ire  are  op- 
posed to  this  traffic  npon  the  grounds  of  public  policy.  There 
seems  to  mj  mind  to  be  a  contradiction  implied  at  least.  To  my 
mind  it  is  clear,  that  by  this  Resolution  as  amended,  we  intimate 
very  clearly  to  the  Southern  Convention  or  Congress,  that  the 
people  of  Alabama  are  Dpi  only  not  averse  to,  Imt  in  tavor  of,  the 
reopening  of  the  Slave  Trade  with  Africa. 

To  this  sentiment,  sir,  I  cannot  subscribe,  although  I  will  Lro  as 
tar  as  the  gentleman  himself,  in  declaring  that  slavery  is  not  an 
rvil.  cither  morally,  socially  or  politically. 

li'  the  amendment  had  btopped  with  that  expression.  I  could  have 
.otcd  for  the  substitute  without  violence  to  my  views  on  this  sub- 
ject; but  when  it  is  added  to,  and  qualified  as  I  have  intimated,  1 
i  annot  vote  Tor  it. 

We  propose,  by  this  resolution,  to  express  our  qualified  disap- 
probation of  the  African  Slave  Trade,  and  yet,  to  my  mind,  we  invite 
the  revival  oi*  that  traffic. 

I  regret  the  necessity  which  impels  me  to  vote  against  the  Sub- 
stitute as  amended,  and  I  regret  still  more,  the  passage  of  this 
amendment  by  the  Convention,  for  I  feel  assured  that  there  is  a 
large  majority  of  this  Convention  that  would  like  to  record  their 
opposition  to  the  reopening  of  this  traffic. 

Mr.  Dowdell's  amendment  had  been  adopted  as  a  part  of  the 
Substitute  for  the  Ordinance,  originally  reported  by  the  Conven- 
tion. 

Mit.  Watts  moved  to  reconsider  the  vote  on  the  adoption  of 
Mr.  I>owdell\s  Resolution,  which  motiou  was  carried,  and  the  ques- 
tion being  on  the  adoption  of  Mr.  Dowdell's  Resolution,  the 
ayes  and  nays  were  demanded,  and   it  was  lost — ayes  l!),  noes  40. 

The  question  was  then  upon  the  final  adoption  of  Mr.  Jones' 
Resolution  as  amended,  which  is  as  follows  : 

Whereas,  the  people  of  Alabama  are  opposed,  on  the  grounds  of 
public  policy,  to  the  reopening  of  the  African  Slave  Trade:  there- 
fore, 

Resolved,  That  it  is  the  will  of  the  people  of  Alabama  that  the 
Deputies  elected  by  this  Convention  to  the  Southern  Convention, 


THE    CONVENTION    OK    ALABAMA.  ~0T> 

to  meet  at  the  city  of  Montgomery  on  the  4th  day  of  February 
next,  to  furin  a  Southern'  Republic,  lie  and  they  are  hereby  in- 
structed to  insist  on  the  enactment  by  said  Convention  of  such  re- 
strictions as  will  effectually  prevent  the  reopening  of  the  African 
Slave  Trade. 

The   Resolution  was  adopted   with  only  three   votes  againsj  it. 


L A  ST  DAY  OF  FIRST  SESSION. 

Mr.  Kimball  offered  the  following  Resolution,  [Mr.  Webb  in 

the  Chair:] 

Resolved,  That  the*  thanka  of  this  Convention  be  tendered  to 

the  Hon.  William  M.  Brooks,  the  President,  for  the  able  and 
impartial  manner  in  which  he  has  discharged  the  duties  of  his  po- 
sition. 

Which  Resolution  was  unanimously  adopted. 

Mr.  WhatLK*  moved  that  a  Committee  61  three  be  appointed 
by  the  Chair  to  wait  on  His  Excellency  the  Governor,  and  inform 
him  that  the  Convention  is  ready  to  adjourn,  and   inquire  of  him 

it'  he  has  any  further  communication  to  make  to  this  body.  Car- 
ried, 

And  the  CbAib  [Mi\  Webb]  appointed  Messrs.  Whatley,  Jem- 
ison  and  Jewett,  said  Committee. 

The  Committee-,  on  returning,  reported  that  the  Governor  had 
no  further  communication  to  make  to  the  Convention. 

Mr.  Wiiati.ky  called  up  his  motion  to  adjourn,  which  being 
agreed  to, 

Mr.  President  Brooks  addressed  the  Convention  : 

(rintlriiu  ti  i,f  /lie  Convention — The  time  of  our  separation    is 
at  hand.      Permit  me,  before  we  part,  to  express  my  gratification 
at  the  vote  of  thanks  unanimously  tendered  me    \>\   your  hop  ira 
hie  body,  during  my  temporary  absence  from  this  Hall. 


266  DISTORT?    AN1>    DKBATKS    OF 

N  one  could  be  more  sensible  than  myself  of  tn}  want  of 
proper  qualifications  for  the  1 1 1  !_r 1 1  and  responsible  position  of 
rresidenl  "I"  this  Convention.  When  partial  friends  intimated 
an  intention  to  place  me  in  tliis  position,  1  endeavored  to  dissuade 
them  from  their  purpose.  Never  havingserved  in  any  legislative 
body,  and  entirely  unacquainted  with  Parliamentary  Law.  I  sug- 
gested the  names  of  others  more  able  and  experienced,  and  more 
worthy  than  myself  of  the  place:  but  the  choice  fell  on  me.  I 
accepted  the  office  with  exceeding  diffidence,  relying,  however, 
upon  your  kind  assistance  and  generous  forbearance,  in  which  I 
have  not  been  disappointed.  In  mj  official  action  I  bavedoubt- 
les  committed  many  errors;  these  you  have  kindly  overlooked. 
In  bearing  testimony  to  my  impartiality,  I  feel  that  you  did  me 
no  more  than  simple  justice. 

The  business  for  which  we  were  called  together  was  of  the 
most  momentous  character.  No  other  political  body  ever  as- 
sembled ill  this  State  to  consider  and  decide  upon  issues  of  like 
magnitude.  Submission  to  Black  Republican  rule  and  consequent 
ruin,  degradation  and  dishonor  upon  one  hand,  and  the  dissolu- 
tion of  the  Union  by  the  withdrawal  ot  Alabama  on  the  other, 
were  the  tearful  alternatives.  The  issue  was  not  of  our  seeking: 
we  have  Keen  driven  to  to  it  by  imperious  necessity.  We  hare 
met  it  Resolutely  and  boldly,  and.  with  a  full  sense  ot'  the  respon- 
sibility, have  chosen  the  alternative  of  secession  and  indepen- 
dence. 

The  scenes  which  1  ranspired  in  this  Convention  on  the  Nth 
day  of  January.  L861,  are  indelibly  impressed  upon  our  memo- 
ries. They  will  live  imperishable  in  history  to  the  last  syllable 
of  recorded  time.      It    was  the  most  solemn  and   impressive  occa 

sion  of  ny    life     Differences  of  opinion  existed  amongst  us — 

honesl  differences,    five  I  \   and    frankly  expressed  and   duly  appn 

dated.  We  did  npl  differ  as  to  the  question  of  submissions  or 
resistance  to  Black  Republican  domination.  No,  all  feeling  the 
necessity,  were  solemnly   pledged  to  resist;  we  differed  onTj  as 

to  the  time  and  mode  ot'  resistance.  We  unbosomed  Olirsches 
to   each    other  in    remarks   eloquent,    heartfelt  and    patriotic.      A 

deep  ■ease  of  the  solemnity  of  the  occasion  and  of  the  great  im- 
portance and  responsibility  Of  the  act  about  to  be  done,  pervaded 
the  entire  assembly.  Stout  hearts  and  brave  ones — hearts  which 
had  remained  unmoved  through  the  thunder  and  carnage  of  bat- 
tle, now    heaved    with  Strong   emotions  and    were  melted.      Tears 

flowed  freely  down  the  cheeks  of  men  unused  to  tears.  Every- 
where in  our  midst  were  manifested  signs  of  deep  patriotic  feel- 
i  Qgs   Struggling  within  our  bosoms.      At    length,  by  common  eon- 


TI1K     CONVENTION     QF    ALABAMA.  "Jt)7 

sent,  the  vote'  was  taken,  and  the  Ordinance  of  Secession — that 
great  Act  of  Deliverance  ami  Liberty — was  adopted.  Immedi- 
ately we  were  united  ;  differences  of  opinion  sunk  into  utter  in- 
significance before  the  nigh  purposes  of  patriotic  devotion,  and 
we  st- rod  pledged,  tlie  one  to  the  Other,  to  sustain  this  the  Sov- 
ereign Act  of  the  people  of  .Alabama,  with  our  lives,  our  tor- 
tunes  and  our  sacred  honor. 

Before  and  after  we  assembled,  attempts  were  made  to  exoitc 
ih  the  public  mind  distrust  of  our  purposes.  At  onetime  it  w;i> 
darkly  hinted  that  in  the  exercise  <>t'  the  unlimited  power  confi- 
ded to  us.  we  might  betray  the  people  and  establish  a  Monarchy  : 
at  another,  that  we  would  remain  in  perpetual  session,  ruling 
over  the  liberties  of  the  people.  Time  has  shown  the  injustice 
of  these  suspicions.  We  nave  become  the  tools  of  no  man's  am- 
bition. In  the  exercise  of  our  extraordinary  powers  we  have 
faithfully  endeavored  to  promote  the  good  and  the  safety  of  the 
people.  Jn  a  short  time  we  will  cheerfully  return  our  authority 
to  those  who  gave  it.  confident  that  we  have  not  abused  our 
trust. 

We  ore  about  to  return  amongst  our  constituents ;  let  it  not 
be  said  that  we  countenance,  much  less  encourage,  opposition  to 
the  act  of  Secession.  As  true  men.  we  will  cheerfully  labor  to 
remove  all  dissatisfaction,  if  any,  and  urge  our  people  to  rally 
around  and  sustain  the  liberties  and  independence  of  our  beloved 
State.  However  we  may  have  dill'ered  as  to  the  remedy  of  se- 
cession, the  deed  is  done,  Alabama  is  a  i'vec.  separate  and  sov- 
ereign State:  as  loyal  and  united  people,  we  will  maintain  her 
independence  or  perish  in  the  conflict.  We  are  in  the  midst  of 
perils  :  Peace,  smiling  Peace,  may,  I  trust  will,  be  our  lot.  But 
this  may  not  be  so.  Our  Northern  foes,  under  the  same  malign 
influences  which  have  hitherto  marked  their  conduct,  may  wage 
■gainst  us  an  unjust  and  wicked  war.  If  so.  let  it  come.  We 
will  do  all  that  men  should  do  to  avoid  it,  but  we  will  not  cower 
and  shrink  from  the  contest  j  we  arc  prepared  to  meet  whatever 
tiitc  betides  us.  \s  Freemen,  we  may  become  Martyrs  to  Lib- 
erty— -we  teen  not  born  to  be  slavea. 

Alabama  has  withdrawn  from  the  Union,  moved  thereto  by  a 
sense  of  self-prcs.r\  at  i  on  :  she  is  now  \)-<i\  Does  any  one  enter- 
tain a  lingering  hope  thai  she  will  enter  that  Union  again — that 
she  will  once  more  place  her  fortunes,  her  destiny,  the  happiness 
and  liberties  of  her  people  within  the  power  and  under  the  cmii- 
trol  of  the  Black  [Republicans  of  the  North?  If  any  man  enter- 
tains such  a  hope,  he  has  read  the  ^iim^  of  the  times  to  but  little 
purpose;  an. I  let  me  entreat   him.  as  he  values  the  blessings  of 


868  HISTORY     LIO    NBSATffl    <^ 

equality  and  freedom,  t<>  dismiss  it  at  once  and  forever  as  au  idle 
and  pernicioua  dream.  There  is  not — there  eannol  be  an\  | 
and  security  tor  lis  in  such  a  reconstructed  Union.  Wo  have,] 
confess,  many  true  friends  at  the  North,  but  t"<.  few  to  render 
their  assistance  available.  They  will,  as  heretofore,  be  unable  t<> 
resist  tlif  dark  tide  of  aggression  which  baa  threatened  t<>  en- 
<:uli  our  liberties  under  and  through  the  ageney  of  a  common 
Government.  Looking  back  at  the  man}  grievous  wrongs  under 
which  we  have  so  long  Buffered  at  the  hands  of  our  Northern 
brethren,  and  reflecting  upon  the  threatened  perils  trom  which  we 
have  escaped  by  withdrawing  from  the  Union,  I  cannot  hm  re- 
joice at  our  deliverance ;  and  this  j  »y  is  increased  bj  an  abiding 
eun\  iction  that  come'  what  may,  >ink  or  swim,  live  or  die,  sun  i\<- 
or  perish,  Alabama  will  never  again  enter  its  ill-fated  portals; 
no.  never — never — nevet.     I  bid  you  one  and  all  farewell. 

The  Convention  adjourned  until  the  4th  of. March. 


HISTORY  &  DEBATES  OF  THE  CONVENTION. 


SECOND  SESSION— FOUETH  OF  MARCH,  18G1. 

I  shall  no  longer  adhere  to  the  ]>lan  of  dividing  tnis  work  into 
particular  days  ;  as  a  continuance  of  that  plan  would  swell  the 
volume  beyond  the  proportions  originally  designed  for  it.  I  shall 
keep  tip  a  history  of  the  more  important  events,  and  make  the  di- 
visions of  the  subjects  discussed  without  regard  to  the  day  ;  thus 
I  will  be  enabled  to  group  the  speeches  on  each  suhject  together. 


The  Convention  re-assembled,  on  the  4th  of  March,  1  Mil,  in  the 
Hall  of  the  House  of  Representatives,  and  resumed  the  consider- 
ation of  its  unfinished  business.  The  attendance,  the  first  day, 
was  not  large;  but,  on  the  second,  nearly  all  the  delegates  ap- 
peared. There  was  no  abatement  of  the  interest  felt  in  public  aft 
fairs ;  but  the  great  question  of  Secession  having  been  deoid<  d, 
the  deliberations  of  the  Convention  were  not  now  of  Bttch  ab 
ing  in! i  rest. 

REDUCTION  OF  THE  S1ZK  QF  COUNTIES. 

Mr.  Johnson,  of  Talladega,  brought  before  the  Convention,  du- 
ring the  fir-t  -e-»idii,  a  proposition  to  reduce  the  ires  of  the  Boun- 
ties.     This  suhject    occupied   much    of  the   attention    of  the  Con« 


°.T<»  HISTORY     AMI     HKIIATKS    (iK 

veation,  tod  was  received  with  favor;  but  the  ruling  objection  In 

it  (ami  the  one  winch  canted  its  Bnal  defeat  ,  was,  thai  at  thu 
particular  time,  it  would  be  unwise  to  introdaoe  for  public  discus- 
sion amongal  the  people,  a  question  bo  calculated  to  excite  division 
and  discontent  in  the  counties. 

Mi;.  Johnson  .-aid  : 

Mr.  Pr&ident — 1  shall  content  myself,  Bir,  with  making  a  sim- 
ple statement  of  facts  connected  with  this  question,  and  leave  it 
with  the  Convention. 

It  is,  I  believe,  a  universally  admitted  fact,  that  our  counties 
are  too  large  ;  and  almost  as  universally  admitted  that  they  should 
he  reduced,  if  it  can  be  done  without  inflicting  injury  upon  any 
locality  or  interest. 

In  order  to  arrive  at  a  just  appreciation  of  the  facta  connected 
with,  and  which  should  govern  our  action  in  relation  to,  this  sub- 
ject, we  mu&l  particularise  to  a  limited  extent. 

we  have,  Mr.  President,  in  this  State,  large  numbers  of  <iti- 

zenfl  who  ate  compelled  to  travel  a  distance  of  thirty,  and,  in  some 
.  forty  miles  to  their  county  site. 
Those  large  populous  counties  necessarily  have  a  greal  deal  of 
business  on  their  court  calendars,  and  there  is,  consequently,  greal 

uncertainty  as  to  the  time  when  a  particular  ease  will  be  "  leached  " 
and  disposed  of  in  these  courts. 

Our  Circuit  Courts  frequently  hold  three  weeks,  and  citizens  of 

the  county  having  business  in  court,  cither  as  jurors,  witnesses,  or 

parties  litlgan!  to  suits,  Living  in  the  remote  portions  of  the  county, 
greatly  inconvenienced,  (breed  to  neglect  their  home  interests, 

and  therefore  tO  be  heavily  taxed. 

These  and  other  difficulties  attending  this  Bubjeot,  tend,  to  say 
the   least    of  it,  to   a    denial  of  justice   in   the  courts,  and  a  direct 

representation  in  the  Legislature. 
The  people  have  evinced  more  interest  in  this  question,  than 

any  other  of  a  secondary  nature  which  has  hecn  before  this  body. 
We  have  before   us  rations  memorials,  numerously  signed  by  res- 
itable  and   Intelligent  citizens  of  'he   State,  asking  that  some 
change  shall  be  made  in  this  particular. 

I  he  Ordinance  reported   by    the  Committee   simply  proposes   to 

authorize  the  Legislature  to  establish  new  counties,  where  the  ne- 
cessities of  the  people  require  it. 

\nd  I  assume  that  the  necessities  would  lie  urgent  helbre  the 
requisite  two-thirds  vote,  in  both  Houses  of  the  Legislature,  could 
be  obtained. 


THE    CONVENTION    OF    ALABAMA.  "271 

Mr.  President,  there  seems  to  be  a  misapprehension  as  to  the 
effect  of  this  proposed  Amendment  to  the  Constitution. 

Gentlemen  allude  to  this  Ordinance  as  though  it  was  a  proposi- 
tion to  establish  new  counties  containing  five  hundred  square 
miles,  regardless  of  the  wishes  of  the  people,  or  the  rights  which 
may  be  jeoparded  by  it.  Such,  sir,  is  not  the  case.  We  simply 
propose  to  authorize  the  Legislature,  by  a  two-thirds  vote,  to  es- 
tablish new  counties,  to  contain  not  less  than  five  hundred  square 
miles,  and  where  it  will  not  reduce  the  old  counties  to  a  less  size. 

In  order,  then,  to  protect,  as  far  as  possible,  the  original  county 
organizations,  and  interests  incident  thereto,  we  propose  that  the 
line  of  no  new  county  shall  be  established  within  less  than  twelve 
miles  of  the  old  county  sites;  and  providing,  further,  that  it  shall 
require  a  two-thirds  vote  of  the  qualified  electors  of  a  county  to 
change  a  county  site. 

These  safeguards  are  thrown  around  this  proposition,  in  the  be- 
lief that  they  will  be  ample  for  the  protection  of  all  classes  and 
localities.  If,  then,  there  are  counties  which  will  not  be  benefitted 
by  availing  themselves  of  this  Amendment  to  the  Constitution, 
they  will  certainly  not  be  compelled  to  do  so,  and  will  therefore 
not  be  effected  injuriously  by  the  passage  of  this  Ordinance. 

[  will  now,  Mr.  President,  notice  briefly  some  of  the  objections 
which  are.  urged  to  this  Ordinance. 

It  is  said,  sir,  that  if  we  pass  this  Ordinance,  we  will  increase 
the  representation. 

It  is  only  necessary  to  refer  gentlemen  to  the  Constitution,  as  it 
will  read  when  amended,  which  asserts  that  new  counties,  as  to 
the  right  of  suffrage  and  representation,  shall  be  considered  as  a 
part  of  the  county  or  counties  from  which  they  were  taken,  until 
entitled,  by  numbers,  to  separate  representation.  This,  certainly, 
meets  that  objection  fully. 

Another  objection  is,  that  it  will  endanger  the  permaneucy  of 
the  present  county  sites,  which  we  think  is  groundless,  for  we  have 
illy  provided  against  this  objection,  by  refusing  to  allow  a 
new  county  line  to  be  established  within  less  than  twelve  miles  of 
the  old  county  sites,  and  by  reqttirjh'g  a  two-thirds  vote  of  the 
electors  of  a  county  to  change  a  county  site. 

Thus,  sir,  we  have  certainly  endeavored  to  protect  those  local 
interests  and  vested  rights.  In  short,  Mr.  President,  we  have  en- 
deavored to  present  tins  proposition  in  such  shape  as  to  enable 
those  citizens  whose  interests  will  be  promoted  by  the  change,  to 
avail  themselves  of  it.  while  those  who  do  not  desire  .-my  ohtage, 
in  this  respect,  will  not  be  affected  by  it. 

Now,  sir,  may  1  not   appeal  to  gentlemen   of  this   body,  to  lay 


872  HISTORY    AN1>    OKliATRS    OF 

aside  any  looal  prejudice,  and  in  that  spirit  of  courtesy  and  mag* 
nanimity  wbiob  lias  bo  far  characterized  them  upon  this  question, 
meet  this  proposition  in  such  way  as  to  benefit  a  large  class  of  our 

citizens,  while  they  reflect  no  injury  Upon   any  class 

1  beg  of  gentlemen,  as  a  matter  of  right,  as  well  a<  magnan- 
imity, to  pass  thi-  Ordinance,  and  thereby  enable  those  citizei 
our  State  whu  arc  so  deeply  interested  in  this  matter,  to  present 

their  claims  to  the  Legislature;  ami  if  they  are  of  such  a  charac- 
ter as  to  challenge  the  support  of  two  thirds  of  that  Body,  in  the 
name  of    COmmop   justice  let  them  have  it. 

Our  State,  sir,  lias  fewer  counties,  in  proportion  to  the  extent  of 
her  territory,  than  any  other  State  on  this  Continent 

These  counties  were  established,  ami  this  injudicious  Constitu- 
tional restriction  was  imposed  npoti  the  Legislature,  at  a  time  when 
our  State  was  sparsely  populated,  ami  the  people  illy  able  (o  incur 
the  expense  that  would   have  been  made  necessary  by  laying  off 

the  State  into  small  OOUnl  168. 

That  day,  sir,  has  long  since'  passed.  Every  portion  of  our 
State  now  teems  with  the  happy  results  of  an  intelligent  and  pros- 
perous population. 

The  luiMiiess  which  necessarily  springs  up  in  every  e  unity,  has 
so  vastly  increased  as  to  render  it  absolutely  necessary  that  every 
important  office  in  those  large*  populous  counties,  shall  he  filled  by 
a  double  set  of  officers 

I  have  said  more,  sir,  than  I  intended,  knowing,  as  I  do,  that 
nothing  I  could  say  would  affect  the  aotion  of  au\  member  on 
this  floor.  Yet,  from  a  sense  of  duty  to  myself  and  my  constitu- 
ents, and  from  an  earnest  desire  that  this  act  of  sheer  justice 
hhould  he  consummated,  1  have  deemed  it  an  imlispensalde  duty 
to  trespass  upon  the  time  of  the  Convention   fir  enough  to  make 

this    statement    of  fact-,  and,  as    far    as    possible,    to    disabuse    the 

minds  of  those  who  have  misapprehended  the  intentions  of  the 

fri<  uds  of  this  measure,  and  the  provisions  of  the  Ordinance. 

Mr,  President,  I  have  done,  and  shall  content  myself  with  an 
expression  of  this  Body  voting  y(;,s  ;llu'  Bays. 

MB.  MoLaM  MIAN  said  : 

i//-.  /V' .s "/,/* /—My  objections  to  the  Majority  Report  on  Coun- 
ty Boundaries  are  sufficiently  set  forth  in  the  Minority  Report, 
but  inasmuch  as  [  made  the  Minority  Report,  it  will  not  be  deem- 
ed improper  for  me  to  explain  these  objections.  If  is  certainly 
true,  and  h\  me  admitted,  that  this  Convention  is  clothed  with  ex- 
traordinary power-;  but   we    were  assembled   only  in    view  ol'  the 


THE  CONVENTION  OP  ALABAMA.  273 

act  of  secession,  and  acts  incident  thereto.  The  Government  ha9 
been  dismembered,  and  for  this  Convention  now  to  enter  upon  the 
work  of  remodeling  the  counties,  will  be  taking  upon  itself  a  res- 
possibility,  which  has  not  been  desired  or  expected,  and  it  is  but 
right  that  the  people  should  be  consulted  before  such  an  impor- 
tant change  in  the  fundamental  law  of  the  State  shall  be  made. 
The  public  mind  is  already  greatly  agitated,  and  needs  quiet  rather 
than  further  agitation. 

Most  of  our  counties  have  been  formed  lor  more  than  forty 
years,  the  county-sites  are  permanently  located,  and  any  change 
in  the  boundaries  of  the  counties  may  tend  to  disturb  and  remove 
tin-  same,  which  would  be  an  interference  with  vested  rights,  arid 
for  that  reason  should  not  be  adopted. 

Our  Constitution  already  limits  the  number  of  Representatives 
to  the  lower  branch  of  the  General  Assembly  to  one  bundled,  and 
tothc  Senate  to  one-third  thai  Humbert,  the  proposed  change  will 
greatly  increase  the  number  of  counties',  and  the  result  will  be  to 
leave  the  small  ami  weak  counties  without  separate  representation  j 
and  from  necessity  they  will  be  compelled  to  rote  with  their  lar- 
ger and  stronger  neighbors 

The  propos°d  change  will  but  lessen  the  probabilities  of  the 
counties  securing  (he  services  of  able  and  efficient  officers,  for  as 
you  lessen  the  number  of  population  in  the  county  organization^ 
you  lessen  the  opportunity  tor  the  people  to  select  wise  and  effi- 
cient county  officers  in  every  department 

It  is  cert  only  desirable  that  every  county  should  have  separate 
representation,  but  it,  will  be  impossible  so  to  reorganize  the  coun- 
ties, as  to  give  to  each  a  separate  Representative,  unless  the  Con- 
stitution is  so  amended  as  to  increase  the  present number,  and  this 
should  be  avoided,  for  itur  Legislature  is  now  quite  numerous 
enough  ;  in  the  State  of  Georgia,  they  I  ave  over  three  hundred 
Representatives,  and  this  in  consequence  of  their  great  number 
of  counties;  their  Legislative  body  is  not  only  expensive  to  the 
State,  but  is  un wieldly  and  tardy  in  its  action 

'I  he  formation  of  new  counties  in  the  State  will  lead  lo  a  great 
deal  of  excitement  and  speculation  in  the  loc  ition  of  t  be  new  county- 
sites. 

1  kuo'-',  Mr.  President,  that  some  of  the  counties  in  the  late 
Ic  'territory  arc  lai-e.  containing  much  over  nine  bundled 
s  (Uir  •  miles,  t.|u.  present  tjo  istttutional  lim  t-;  so  nc  of  them  c  >q- 
taiuing,  I  believe,  from  eleven  to  twelve  hundred  square  miles; 
ami  there  are  .-mm*  few  localities  in  which  I  think  a  new  county 
might  and  should  be  formed  ;  bat  1  prefer  thai  gentlemen  make 
their  independent  applications,  and  that  c.ieh  application  rest  un 
18 


ll\  HISTORY     AND     DK1IATKS     Hi- 

its  own  merits.  The  gentleman  from  Henry,  it  will  be  remembered, 
lias  introduced  an  Ordinance  to  make  two  counties  out  of  the 
i unity  of  Henry;  tliis,  I  think,  is  a  meritorious  proposition,  and  1 
Kpeot  to  support  it,  and  will  support  any  isolated  proposition 
ivhich  is  made,  to  rest  on  its  own  merits,  provided  territory  and 
population  will  justify  it;  but  my  objection  to  the  Majority  lie- 
port  is,  that  it  unsettles  every  county  in  the  State,  and  there  are 
at  least  nine-tenths  of  the  people,  and  c  pecially  in  the  old  coun- 
ties, who  do  notdesireany  change.  Pot  these  reasons,  I  have  offered 
the  Minority  as  a  substitute  for  the  Majority  Report,  and  hope  the 
same  will  be  adopted  by  the  Convention. 

Mr.  Ralls  said  : 

Mr.  President — I  do  not  propose  to  detain  the  Convention  with 
any  lengthly  remarks,  but  simply  to  make  a  few  suggestions,  and 
answer  some  objections  that  have  been  urged  against  the  passage 
of  this  Ordinance. 

There  is  one  thing,  sir,  that  certainly  has  not  escaped  the  atten- 
tion of  this  body.  It  is  this:  Some  measure,  disapproved  of  by 
r-omc  of  the  members,  is  put  upon  its  passage,  and  then,  forsooth, 
these  members  meet  us  with  the  very  convenient  argument :  Oh  I 
the  people  did  not  send  us  here  to  make  such  and  such  changes  in 
the  Constitution.  But  when  these  members  are  in  favor  of  an) 
particular  measure,  although  it  may  involve  some  radical  chang< 
in  the  Constitution,  and  although  there  has  been  no  expression  of 
the  popular  will,  yet  all  their  conscientious  scruples  arc  held  in 
abeyance,  and  they  can,  and  do  heartily  support  said  measures. 
Now,  Mr.  President,  it  does  appeal  to  me  that  the  proposition  eta 
braced  in  the  Ordinance  under  consideration  is  exceedingly  reason- 
able. It  is  not  to  inaugurate  any  new  principle  of  government,  orto 
force  upon  the  people  any  change,  which  will  be  offensive  to  them. 
But  it  is  simply  to  confer  upon  the  Legislature  the  power  to  cstab- 
lish  new  counties,  under  certain  wholesome  restrictions.  Ami 
now,  Mr.  President,  those  who  oppose  this  Ordinance,  put  them- 
selves in  this  position  :  They  say  to  the  people — although  you 
live  at  a  very  inconvenient  distance  from  your  county-site — although 
the  discharge  of  your  public  duties  may  be  attended  with  a  great 
tax  upon  your  time  and  purse,  and  protracted  absence  from  your 
families — and  although  in  order  to  attend  your  courts,  you  ma\ 
have  to  cross  large  rivers,  that  at  some  stages  of  the  water  cannot 
be  crossed  but  with  great  difficulty  and  danger,  and  although  all 
these  facts  may  be  made  to  appear  to  the  satisfaction  of  even  two- 
thirds  of  both  branches  of  the  Legislature,  and   they  as  an   act 


THE  CONVENTION  OF  ALABAMA.  275 

of  simple  justice  might  be  disposed  to  grant  you  relief,  yet  we  will 
deny  them  the  power  to  do  so,  and  you  shall  still  suffer  all  the  in- 
conveniences of  your  position.  Now,  let  us  look  at  the  safeguards 
thrown  around  this  Ordinance,  and  sec  if  there  is  any  probability 
of  any  unnecessary  increase  in  the  number  of  counties  in  the 
State.  No  new  county  shall  be  established  but  by  a  vote  of  two- 
thirds  of  both  branches  of  the  Legislature,  and  shall  not  contain 
less  than  live  hundred  square  miles.  Now  is  it  at  all  likely  that 
two-thirds  of  that  honorable  body,  after  a  full  review  of  the  whole 
ground,  would  establish  a  new  county,  unless  it  was  manifest  that 
the  wants  of  the  people  immediately  interested  required  it?  I 
thiuk  not.  And  then  the  protection  of  the  county-sites  already 
established  ;  no  county-line  shall  run  nearer  than  twelve  miles  to 
these  places;  and  no  county-site  shall  be  changed  without  a  vote 
of  two-thirds  of  the  legal  voters  of  the  county  in  which  said  town 
is  situated.     This  is  certainly  ample  protection  to  vested  rights. 

Again,  we  are  told  that  the  expenses  of  the  State  Government 
will  be  greatly  increased,  and  as  a  proof  of  this,  that  there  would 
be  a  decided  increase  in  the  number  of  Judges.  By  no  means, 
sir.  There  would  be  no  increase  of  litigation,  because  of  the  in- 
crease of  couuties.  The  population  and  business  of  the  State 
would  in  every  particular  remain  the  same.  Those  large  and  pop- 
ulous counties,  that  now  hold  court  two  weeks,  would  loose  a  part 
of  their  Territory  and  business,  so  as  to  hold  Court  only  one  week; 
and  a  Judicial  circuit  could  contain  a  greater  number  of  coun- 
ties, but  yet,  be  served  by  the  Judge  in  the  same  time,  because 
of  holding  Court  only  one  week  in  each  and  every  county,  instead 
of  two  works,  as  in  many  cases  is  now  done.  And  there  is  one 
instance  at  least  in  which  there  would  be  a  saving  of  expense  to 
the  State  ;  and  that  is  in  the  milage  of  witnesses  in  State  cases. 
Hut,  Mr.  President,  even  if  there  should  be  some  increase  in  the 
expenses  of  the  State,  I  hope  that  gentlemen  will  not  be  so  un- 
jt  in  runs  as  to  deny  to  their  fellow-citizens,  like  privileges  with 
themselves.     I  hope  the  Ordinance  will  be  adopted. 

Mit.  Potter  said : 

Mr.  President — Were  it  not  lor  the  deep  and  abiding  interest 

which  1  feel  in  this  subject,  I   would  not  trouble  the  Convention 
with  any  remarks  at  this  time. 

15ut,  sir,  this  measure  is  now  before  us,  and  it  is  highly  impor- 
tant that  we  dispose  of  it  properly.  The  argument,  that  we  were 
not  convened  for  this  purpose,  (so  frequently  urged  by  those  who 
wish  to  defeat  measures  here)   cannot  be  legitimately  used  now; 


27('»  HISTORY     AM)     miHATF.S     Off 

fur  we  have  actually  undertaken  t<>  revise  and  correct  oar  Slate 
Constitution.  This  cannot  lie  deuied.  And  certainly  i  favorable 
opportunity  is  now  presented  for  making  this  aroenduientj  which 
has  be<  ii  bu  long  debired,  and  which  is  aq  much  Deeded. 

There  is,  sir.  a  marked  difference,  in  one  reepeot,  between  the 
propused  change,  and  some  others  which  hive  been  adopted; 
foi  in  other  cases  barriers  have  been  placed  in  the  waj  of  future 
legislation,  though  such  legiitlatioo  may  be  necessary  for  the  good 
ot  tbe  Stale;  but  in  this  case  we  pimply  de>ire  to  remove,  a  hairier 
out  id'  the  way.  so  that  hereafter  such  legislation  may  be  had  a* 
tin-  wants  and  interests  tit'  the  people  require.  Assembled  as  we 
are.  for  tlie  purposes  which  staled  us  together,  it  is  plainly  our 
duty  t"  di>  all  we  Dan  to  promote  tin'  welfare  of  every  portion  of 
our  State,  and  to  meet  the  fuel  expectations  of  those  wbu  ask  as 
tu  provide  a  remedy  Cor  existing  evil*. 

Now,  Mr.  Presi  lent,  it  is  well  known  that  in  rainy  parti  of  this 
State,  the  people  arc  laboring  under  serious  disadvantages,  because 
of  present  constitutional  provision*,  in  regard  to  tbe  sixe  of  Coun- 
ties*, and  they  are  DOW,  and  have  lieen  fur  years,  greatly  dissatis- 
fied, an  I  we  have  abundant  treason  to  believe  that  thi>  dissitUf.ic- 
ti<m  will  continue  to  increase,  until  relief  is  obtained  bysomesuoh 
change  i-  is  now  proposed.  And  it  is  therefore  important  that  we 
embrace  this  opportunity  to  do  justice  to  such  citizens,  by  making 
a  change  which  his  been  BO  long,  ami  so  earnestly  desired. 

\r_MUiii  nts  have  been  used  l>\  gentlemen  of  this  Convention,  to 
defeal  this  measure,  which  appear  to  me,  sir,  to  be  utterly  (Utile. 
It  is  said  that  the  formation  of  new  counties,  will  leave  the  old 
ones  ton  Btuall;  but,  sir,  thin  cannot  t;ike  place  under  the  restiic- 
tions  which  .ire  thrown  around  this  turn  ndno  lit,  lor  while  it  pro- 
p  i-i's  to  change  the  minimum  size  of  a  county,  from  nine  bun- 
dled to  five  hundred   Kjuare  miles,  no  old  county  can   he  reduced 

In  |oW    this   size. 

The  ol  jeetion  that  the  number  of  Representatives  in  the  Legis- 
lature will  be  increased,  is  also  without  foundation,  for  it  is  pro- 
vided that  do  Dew  county  shall  be  tntitled  to  separate,  representa- 
tion until  it  is  entitled  by  Dumber*,  thus  sufficiently  guarding  this 
point.  |!ut,  heit  reiueinherc'l,  that  the  tune  will  emne  w  lit  n,  (  ilher 
the  number  of  Representatives  will  be  increased,  or  the  ratio 
changed  It  is  urged  that  the  expenses  of  the  State  will  l.e  in- 
creased How  this  can  he,  sir.  I  confess  I  am  totally  unable  to 
ice,  for  suiely  tbe  establishment  of  new  counties  will  n  »t  necessa- 
rily augment  the  business  of  our  Courts  And  when  we  consider 
the  amount  of  mileage  saved,  on  the  part  ol'  those  who  attend 
court,  we  find  a  considerable  reduction  of  expenses  in  small  coun- 
ties, to  say  nothing  of  other  savings. 


THE  CONVENTION  OF  ALABAMA.  277 

Besides,  sir,  when  we  estimate  the  advantages  secured  to  the 
citizens  of  counties  of  convenient  size,  in  the  way  of  traveling, 
returning  home  at  night,  saving  tavern  bills,  and  attention  to  do- 
mestic affairs,  during  Court  terms,  and  on  other  occasions,  it  will 
be  seen  that  it  adds  greatly  to  their  convenience,  and  interest,  to 
have  such  counties.  And  I  take  this  occasion  to  say,  tint  tho»e 
who  are  so  situated  as  to  need  new  counties  in  this  State,  who 
earnestly  desire  to  have  them,  and  who  are  now  urging  their 
claims  upon  us,  will  not,  nay,  cannot  be  satisfied  to  remain  in  their 
present  condition. 

The  fears  that  many  seem  to  indulge,  in  regard  to  the  perma- 
nency of  present,  county  sites  nee  I  have  no  existeuce,  for  if  two- 
thirds  of  the  voters  of  any  county  have  to  decide  the  question  of 
change,  their  decision  ought  certainly  to  be  satisfactory,  and  with 
this  provision  in  the  amendment  now  proposed,  no  Court  house 
properly  situated,  can  be  in  any  danger  of  removal. 

For  these,  and  other  reasons  which  might  be  urged,  I  respect- 
fully insist  that  this  measuie  be  favorably  considered,  and  indulge 
the  hope  that  the  amendment  will  be  adopted. 

Mr.  Morgan  said : 

This  suhject  has  been  discussed  in  some  of  its  political  aspects, 
by  several  gentlemen,  who  addressed  the  Convention,  on  a  similar 
proposition  introduced  by  a  select  Committee,  of  which  the  gentle- 
man from  Talladega,  [.Mr.  Johnson]  is  Chairman.  If  the  Con- 
vention is  still  in  doubt  about  the  necessity  of  a  change  in  the  ex- 
isting constitutional  area  of  nine  hundred  square  miles  to  the 
county,  it  must  be  the  result  of  an  apprehension,  that,  the  distur- 
bance of  this  area  would  be  followed  by  a  train  of  evils,  or  diffi- 
culties not  provided  against  in  the  propositions  heretofore  submit- 
ted to  the  Convention.  In  the  amendment  which  I  have  offered. 
I  have  attempted  to  meet  all  the  difficulties  as  yet  suggested,  and 
some  that  have  occurred  to  my  mind.  Another  embarrassment  has 
been  called  up  by  the  remarks  of  the  gentleman  from  Calhoun, 
[Mr.  Whatley,]  which  is  outside  of  the  special  matter  involved  in 
the  amendment,  but  deserves  to  be  carefully  noticed.  The  gentle- 
man suggests,  thai  inch  amendments  to  the  Constitution  are  not 
within  the  just  powers  of  this  Convention;  because  they  are  not 
expressed  in  the  Act  of  the  Legislature,  which  he  is  pleased  to  de- 
nominate the  Commission  under  which  we  act. 

The  Act  of  the  Legislature  has  nothing  to  do  with  our  powers. 
further  than  to  provide,  in  a  legal  way,  for  the  election  and  assem- 
bling of  the  Convention.     In   these  respects,  even,  it  is  not  indis- 


278  lllSToKY     AND     HKHATKS    CM 

tble  to  the  authority  ofaayaet  we  proposed,  that  there  should 
have  been  u  sol  of  the  Legislature  sailing  b  Convention,  for  in 
the  ibeeoce  of  suoh  bq  act,  (there  being  no  rettriotioo  io  >>nr  < Sou- 
Btitution,  confining  the  people  to  a  particular  mode  of  prosed  i 
they  eould  assemble,  by  their  delegates  in  Convention,  and  i 

the  "  p  ilitioal  power  inherent  in  the  people,"  and  mainteln 
tlicir  "  indefensible  right  to  altt-r,  reform,  "r  abolish  their  power 
of,  government,  in  auch  moaner  a*  they  may  think  expedient" 

The  only  effect  of  the  Act  of  the  Legislature  is  to  preserve  the 
l>  gality  of  the  aotion  of  the  Convention,  and  it  does  not  assume 
to  define  or  limit  our  powers  wlnn  legally  assembled. 

The  people  can  conic  together  in  the  exercise  of  tlmir  "inhe- 
rent power,"  and  disregard  the  loyalty  of  their  aotion,  but  this 

would  If  a  revolution.     If  they  assemble  in  pursuant f  the  will 

of  the  State  at  expressed  in  the  Ao!  of  the  Legislature,  (which  is 
the  ordinary  expression  of  its  sovereignty)  then;  is  no  revolution, 
because  the  people  give  their  oonsent  by  a  law,  to  the  assemblage 
of  the  Convention,  and  thus  all  the  powers  and  departments  of  the 
roment  harmonise  in  their  action,  and  the  movement  is  set  on 
foot  In/  the  State  and  not  againtt  the  State  Government  by  the  peo- 
ple. 

It  would  require  a  very  strong  ease  of  necessity  to  justify  the 
p  '.pie  in  assembling  themselves  withoul  the  express  sanction  of 
the  law,  for  the  purpose  of  changing  their  form  of  government, 
and  I  rejoice  thai  no  such  attempt  has  ever  been  made  in  "in- 
State.  I  prefer  that  the  Constitution  should  contain  a  provision 
which  shall  hereafter  place  this  matter  oo  clear  and  safe  grounds. 
It  i-  better  to  have  such  a  provision  made  ia  the  Constitution  than 
io  have  to  l.e  supplied  by  Acts  of  the  Legislature. 

Being  legally  assembled  here,  and  moving  on  in  harmony  with 

all  the  powers  and  departments  of  the  State,  when  we  have  re 

cognized  in  all    our  acts,  and  by  whom,  in  turn,  we  have  been  re> 

lized  and  obeyed,  we  are  nol  engaged  in  a  revolution  against 

the  Slate,  l>nt  we.  who,  alone  even  represent  the  State  iii  this  par- 
ticular, do  engage  the  State  in  a  revolution,  if  you  please,  by  dis- 
solving its  connection   with  another  and  different  Government  of 

which  the  State  was  a  part. 

This  great  act  performed,  bhe  question  arises,  do  our  powers 
at  this  point  [ 

The  act  of  dissolution  was  performed  in  the  exercise  of  the 
highest  sovereign!  v. 

If  we  derived  our  authority  from  the  Legislature  t<>  do  this  act. 
then  it  is  the  General  Assembly  that  is  sovereign,  and  u<>t  the 
people.     The.  converse  of  the  proposition  is  true.     The  Legisla- 


THE  CONVENTION  OF  ALABAMV.  279 

(urc  is  a  department  of  the  State,  a  mere  repository  of  certain 
powers,  ascribed  to  it  by  the  people  in  the  Constitution.  It  ex 
pressea  the  voice  of  the  State,  in  one  form  only,  and  is  confined 
ii\  the  Constitution  to  one -certain  set  of  powers  and  duties.  Oui 
power  is  directly  from  the  people,  ami  we  here  speak  the  supreme 
voice  of  the  people — the  true  political  power  in  the  State.  Wo 
are  the  people  assembled  by  their  Delegates  in  Convention. 

It'  the  Legislature  could  confine  the  power  of  the  Delegates  of 
the  people  in  Convention,  it  could  also  restrict,  or  abolish  the 
power  of  the  people  to  assemble  here;  or  it  could,  in  disregard  of 
die  "  bill  of  rights,"  destroy  the  power  of  the  people  to  elect 
1  )elegates,  or  to  demand  the  rights  secured  to  them,  as  individuals, 
iu  the  Constitution.  We  are  above  the  Legislature  and  the  Con 
stitution,  and  are  only  confined  to  the  great  purposes  of  securing 
and  protecting  the  rights,  honor  and  interests  of  the  people,  ac 
cording  to  the  form  of  Government  under  which  we  have  lived, 
and  which  the  people  desire  to  preserve. 

It' we  improve  the  Constitution  by  amendments,  we  better  the 
State,  and  protect  the  interests  of  the  people.     If  our  amendments 
do  not  change  the   form  of  Government  or  disorganize  its  great 
divisions  of  powers,   we  work  no  revolution  in  the  State.     Wo 
could  not  depart  from  the  established  republican  form  of  Govern 
inent  and  preserve  the  political  or  moral  consistency  of  our  ac 
tion  :  but  while  we  keep  within  these  bounds,  we  may  adjust  and 
improve  the  machinery  of  Government  as  we  think  best,  because 
these  things  all  contribute,  in   the  end,  to  the  wise  and  safe  exer 
of  the  power  of  the  people  in  the  great  purpose  of  all  repub 
lies,  the  security  of  self-government,  on  a  basis  established  in 
written  ( 'oiistit  ution. 

W  <■  have  found  it  necessary  to  amend  the  Constitution  in  many 
instances,  in  order  to  give  effect  to  the  Ordinance  of  Secession. 
In  our  original  Constitution  there  were  such  recognitions  of  the 
United  States  as  were  utterly  incompatible  with  the  Ordinance  of 
Secession.  These  recognitions  were  not  necessary  to  the  instru 
incut  in  anv  respect,  and  we  have  contributed  much  towards 
placing  the  State  upon  its  well  recognized  and  high  position    a 

reign  power  by  striking  out  these  points  of  the  Constitution 
ami  supplying  their  places  with  other  words.  In  doing  this,  did 
we  transcend  «.ur  powers  ?  If  not.  it  is  because  these  changes  wi  n 
needful  to  protect  the  interests  or  honor  of  the  people,  and  not 
because  the?  are  included  in  the  "commission"  contained  in  the 
act  of  the  Legislature.  The  "commission"  did  not  instruct  us  to 
secede  from  the  Union,  and  our  secession  has  found  its  warrant 
in  the  "commission,'9   because  we   decided  that    act   necessary  to 


280  HISTORY    AND    DEBATKfl    Of 

protect  the  bonor  Mid  interests  <>t  the  people.  It'  we  fin  I  thai  an- 
other act,  less  assimilating  to  revolution,  is  needful  to  be  dons  in 

Older  l"  protect    the    interests  of  the    people,   shall  we  liiMt.r.    t  I 

•  mi  it  \><  cause  it  is  not  expressly  mentioned  in  the  '  commis- 
sion ?"  Let  as  not  hesitate  on  matters  <it"  bo  little  weight,  to  do 
what  is  beat  to  be  done  tor  the  good  oftheState. 

The  existing  ana  of  the  counties  in  iliis  Suite  was  prescribed 
It  a  time  when  a  large  part  of  what,  is  now  the  most  populous 
iii  of  the  State  was  a  wilderness,  inhabited  almost  entirely 
by  Indians.  It  wm  the  commencement,  and  then  necessary  to  have 
..tv  large  counties.  Indeed  the  white  population  was  so  sparse 
that  lor  a  number  of  years  they  were  not  jble  to  build  safe  jails 
Or  respectable  Court  limits.  It  Ins  become  a  very  different  mat- 
ter no>\ .  In  some  of  these  OOUntiea  the  population  has  so  in< ■: 
ed  that,  while  there  are  only  lift  J  -two  counties  in  the  State,  and 
one.  hundred  Representatives  in  the  House,  some  of  those  coun- 
ties have  three  and  others  four  Representatives  from  merely  ag- 
ricultural districts,  where  they  have  no  large  towns. 

The  reason  of  the  rule  has  ceased,  and  the  rule  becomes  ■ 
burthen  to  the  people.  I  deprecate  small  counties,  and  I  learn 
that  Georgia  has  reaped  a   bitter  experience  in  the  reduction   of 

Mbf  size  of  the  counties.      But  an  excessively  large  county  is  even 
worse  than  one.  too    small.      The    expense    to    individuals    living 
■te  from  the  Oourl   House,  the  loss   of  time  in  travel,  the  iu- 
ised  expenses  attending  the  administration  of  Justice,  in  wit- 
ness fees,  and  by  other  means;  the  consequent  denial  of  Justice 

ill  many  cases,  the  wrangles  about  the  removal  ul   Court    HoU 

the  political  differences  that  divide  counties  on  such  questions, 
the  influence  of  localties  on  thegeneral   legislation  of  the  State, 

ill  admonish  us  that    a   change    to    a  reasonable  area  is  desirable. 

The  amendment  which  I  had  the  honor  to  propose  seems  to  me, 
to  settle  all  these  troublesome  matters.  It  provides  for  an  area 
of  not  less  than  six  hundred  square  miles  to  each  county.  Some 
of  our  counties  do  not  much  accede  that  area  now.     It  requires 

a  two-thirds  vote  to  change  a  county  boundary,  on  the  part  of 
the  Legislature  and  of  the  people  concerned.  It,  provides  against 
m  parate  representation  of  a  new  county  until  its  population  shall 

entitle  it  to  such  representation  on  a  ratio  adopted  to  supply  only 
one  hundred  nicinlicrs  from  the  entire  State.  The  embanass- 
MOnts  being  all  removed,  the  naked  question  is:  shall  the  con- 
venience of  tli^  people  be  subserved  when  no  person  or  place  can 
possibly  I)  ■  interfered  with  l>y  our  own  action  1  l  have  this 
question  to  the  Convention,  and  trust  that  the  response  to  it  will 
be  favorable,  to  the  change. 


THE    CUN\ T.NTION    OK    ALABAMA.  ~S1 

This  question  was  discussed  in  all  its  vavinus  points,  at  different 
times,  but  the  Ordinance  was  finally  defeated. 


ON  THE  LEGITIMATE  POWERS  OF  THE  CONVENTION. 

The  proposition  to  prohibit  future  Legislatures  from  contracting 
public  debts,  without,  at  the  same  time,  providing  the  means  of 
liquidation,  being  umli  r  consideration, 

Mr.   BuFORD,*  of  Barbour,  said  : 

Mr  Presiihnt — The  chief  difficulty  that  I  find  in  voting  for 
this  measure,  supported  as  it  is  by  so  many  distinguished  gentle- 
men, and  with  so  much  /.eal  and  ability,  has  bceu  entirely  over- 
looked in  the  argument. 

Are  we  indeed  the  whole  people '{  with  unlimited  jurisdiction 
over  every  possible  subject  of  legislation  ?  with  rightful  power  to 
subvert  the  foundation*  of  society,  aud  shape  the  Organic  Law 
and  Policy  of  the  State  at  pleasure.!' 

Mr.  MORGAN,  of  Dallas: 

Every  0  dinance  we  pass  reads  :  "  We,  the  people  of  the  State 
of  Alabama." 

Mil.  Bufoud  : 

\Vs!  While  acting  within  the  purview  of  our  commission,  we 
stand  in  the  stead  of  the  people,  and  may  well  say,  "  We.  the  peo- 
ple ."  But  when  I  look  around,  and  find  in  this  chamber,  not  our 
million  of  inhabit  into,  but  only  one  hundred  individuals,  I  ask, 
ire  these  hundred  "  the  people  of  Alabama,"  or  only  their  agents? 
Manifestly  only  the  latter.  Now,  whence  came  our  agency?  Did 
we  appoint  ourselves,  and  confer  our  own  powers?  I  confess,  Mr. 
President,  wo  seem  to  talk  and  act  as  if  such  were  the  case. 
Then,  if  we  are  not  the  whole  people,  but  only  their  agents,  it  is 
evident  we  have  no  power  which  they  have  not  conferral. 


*l!on.  Jeff.  Buford.  who  hnd  bean  fleeted,  from  the  county  of  1'arlionr,  to 
till  the  vacancy  created  *>y  the  ra»uraatioa  of  Hon.  Alpfceni  Baker,  n>n«  nnro- 
diiced  l»y  Hon.  .John  Cochran,  and  took  his  scut  in  the  Convention  on  the  13th 
of  March. 


282  KISTOBY     kXV  OS 

Conoode  that,  in  order  to  the  roost  liberal  construction  of  our 
jurisdiction,  we  may  look  to  the  history  of  the  (inns,  the  attending 
ircnmstances,  and  ilio  motives  which  influenced  the  grant.  Still, 
when  wc  turn  to  the  .]oint-Resoluli<>ns  of  the  General  Assembly, 
under  which  the  '  rovernor  convened  this  body,  and  consider  then, 
whether  in  themselves  or  in  the  light  of  their  historieal  oireanv 
— r : .  t  j  -  - «  8j  we  are  left  in  no  douhf,  either  as  to  the  terms  of  our  JOB* 
mission,  the  motives  which  induced  it.  or  the  end  it  whs  intended 
to  accomplish.  By  words,  either  of  reeital,  or  of  direot  cession, 
all  arc  put  down  in  plain,  unambiguous  language.  These  Resolu- 
tions constitute  our  sole  letter  of  attorney. 

N"W,  sir,  what  are  the  evils  and  dangers  recited  in  this  our 
commission;  and  from  which  we  are  empowered  to  deliver  the  im- 
periled State ?      l>o   we    find   there   (as    this    proposition,   and   the 

arguments  urged  in  its  support  would  lead  us  to  infer.)  any  i 
plaint  of  grievous  taxation,  resulting  from  debts  contracted  by 
improvident  and  faithless  representatives,  in  the  ordinary  com 
legislation?   any  authority   to   heal    that   disease?   be    deliver   from 

that  danger?  Thai  portion  of  "the  people"  by  whom  I  was  sent. 
thought  the  object  was  to  save  them,  not  from  their  own  represen- 
tatives, in  the  ordinary  functions  of  legislation,  hut  to  deliver 
them  from  the  power  of  faithless  allies,  who  were  usurping  their 
liberty  of  internal  self-control,  ami  seeking  to  degrade  all  the 
Southern  States  to  the  level  of  their  servile  population.  This, 
sir,  is  what  my  constituents  imagined,  and  what  I,  too,  imagined, 

VSS  the  scope  and  limit  of  my  authority. 

Are  we  right?  Let  us  ooudesceud,  for  a  moment,  to  consider 
and  analyse  the  power-of-sttorney  under  which  wc  all  must  needs 

admit  we  are  acting.  Vc-  !  '■  power-of-attornc\ ."  And  wc  may 
not  disdain  the  homely  term;  for  our  grant  is  no  wild  gush  of  un- 
limited generous  confidence,  hut  ■  cautious,  technical  thine  of  pa- 
per and  ink  ;  in  which,  alter  carefully  reoiting  the  probability  that, 
a  sectional  party,  by  success  in  the  then  pending  Presidential  elec- 
tion, would  possesc  themselves  of  the  maohinery  of  the  Federal 
Government,  and  wield  it  to  our  destruction,  authorizes  (in  the 
event  of  that  suocess,)  the  assembling  a  Convention  of  deh$ 
of  the  people,  with  specific  instructions  "  To  consider,  determine, 
and  do  whatever  they  may  deem  necessary  to  our  protection." 

Protection  against  what  evils  and  dangers,  Mr.  President  if 
Common  sense  replies,  "Only  against  the  evils  and  dangers  then 
in  contemplation."  None  other  is  referred  to.  No  other  was 
urging.  No  other  was  thought  of,  or  in  any  decree  prompted  the 
call  of  this  Convention.  And  there  is  no  need  to  invoke  the 
lawyers'  rule  of  const  ruction,  that  the  expression  of  one  object  is 
the  exclusion  of  another 


THE  CONVENTION  OF  ALABAMA.  283 

Gentlemen  lay  stress  upon  the  generalities  in  our  Bill  of  Rights, 
and  the  first  principles  therein  recognized. 

They  remind  us  that  "  Political  power  is  inherent  in  the  peo- 
ple ;"  and  that  they  have  the  "  inalienable  right  to  alter,  reform  or 
abolish,  their  form  of  Government,  in  such  manner  as  they  may 
think  expedient." 

Now,  suppose  we  admit  (and  this  is  more  than  the  other  side 
contends  for,)  that  the  people  may,  without  being  called  by  the 
Legislature,  lawfully  assemble,  en  masse,  and  do  whatever  they 
will  ;  does  it  therefore  follow  that  if,  after  so  assembling,  and 
finding  it  impracticable  to  deliberate  and  act  in  such  multitudes, 
they  conclude  that  they  are  satisfied  with  their  Government  as  it 
is,  save  as  to  certain  evils  which  they  specify,  and  the  reformation 
of  which  they  confide  to  certain  individuals,  whom  they  nominate 
as  their  delegates  or  agents  in  that  behalf.  And  suppose  "the 
people"  then  disperse,  but  the  delegates  remain?  Now,  "all 
power  is  inherent  in  the  people,"  but  does  it  follow  that  therefore 
these  delegates  may  exercise  all  power? 

The  question  is  too  absurd  to  be  seriously  entertained.  And  if 
such  delegates  moved  an  inch  beyond  their  specific  instructions, 
the  Judicial  Tribunals  would  be  bound  to  hold  their  action  for 
naught. 

Now,  in  what  docs  the  case  we  have  supposed  differ  from  the 
one  at  issue,  where,  there  being  no  prior  assembling  en  masse,  the 
mouth-piece  of  the  body  politic  has,  in  the  first  instance,  specified 
the  dangers  to  be  guarded  against,  and  called,  not  a  Convention 
of  the  people,  en  masse,  but  a  Convention  of  their  delegates,  to 
provide  against  these  specified  dangers?  The  Legislature  has 
acted  in  the  stead  of  the  people ;  the  people  have  accepted  their 
action,  and  have  sent  their  delegates.  For  what  purpose  ?  Of 
course,  only  for  the  purpose  indicated  in  the  call;  no  other  could 
have  been  contemplated.  To  say,  then,  that  a  Convention  of  dele- 
gates, called  for  specific  purposes,  is  "  above  the  Legislature  and 
above  the  Constitution,"  if  thereby  it  is  meant  to  affirm  they  arc 
untranimeled  by  the  objects  of  the  call — is  to  say  they  are  above 
the  people. 

But  gentlemen  who  claim  omnipotence  for  a  Convention  assem- 
bled for  special  objects,  tell  us,  in  a  reassuring  sort  of  way,  that 
these  delegates,  though  they  are,  in  fact,  "the  people,"  yet  "  they 
cannot  depart  from  the  established  form  of  Government,  and  must 
preserve  the  political  and  moral   consistency  of  their  action. " 

Now,  if  such  Convention  he  the  people,  then,  under  the  Bill  of 
Rights,  they  may  "alter  their  form  of  Government,  in  such  man- 
ner as  they  may  think  expedient  :"  /.  e.  they  may  change  any 
given  form  to  anv  other  form  of  Government 


284  HISTORY     AND     DKI1ATKS     OF 

It  is  bat  boo  palpable  thai  tins  oarelesa  use  of  the  worda  ••  the 

people,"  Mini  '•  We,"  ;^  applicable  to  the  j  •  .  >>r  their 

delegates  indiscriminately,  is  not  only  a  misapplication  ol  terms, 
but  .-i  dangerous  confusion  of  i < l«-:i ^. 

It  is  do  answer,  Imt  a  mere  sophistry,  to  say  thai  the  Legislature 
cannot  re-trict  the  "  political  power  inherent  in  the  people."  For 
if  fas  is  oar  ease),  instead  of  the  people  themselves  assembling, 
and  directly  delegating  power  to  their  Bgents,  they  iiccept  the 
legislative  call,  then  threy  accept  it  with  all  its  restrictions  ;  and 
there  would  Been  as  much  oversight  of  good  faith,  ar-  of  reason- 
able inference,  in- any  other  con  ol  onion 

Will  gentlemen,  impatient  of  logical  difficulties  in  the  cast, 
venture  to  clsim  that  the  representativi   is  not  bound  by  the  will 

of  his  sonstituentfl  f     Why,  sir,  the  admission   that  1 cannot 

depart  from  the  established  form  of  Government,  but  must  pre- 
serve the  moral  and  political  nonststency  of  his  action,"  is  a  l>ar 
to  any  such  assumption,  and  concedes  that  delegates  arc  not  the 
people,  nor  above  them,  but  only  subordinate  agents,  and  subject 
to  trammels  which  '-the  people"  may  disregard,  "as  they  may 
think  expedient." 

Yes.  sir!  I  concede  to  my  friend  from  Dallas,  that  while  bont 
fide  acting  within  the  fair  scope  of  our  delegated  power,  cither  in 
the  direct  act  of  seceding  funn  the  hostile  Government,  agxinst 
which  the  legislative  Resolutions  (adopted  by  "the  people,"  as 
their  deed-of-attornev, )  authorize  u-  to  protect  the  Commonwealth, 
or  while  doing  anything  incident  to  Bueh  secession,  and  necessary 
to  make  it  sate  or  effectual,  then  we,  in  feet,  stand  in  the  verj 
stead  of  ''the  people  of  Alabama,"  and  may  well  Bay,  '•  We,  Un- 
people." But  when  we  trample  their  commission  under  foot,  and 
usurp  authority  not  oonferred,  we  becomes  mere  lawless  mob — we 
den  o-alize,  and  Bap  our  legitimate  authority,  and  bring  reproach 
even  upon  the  n sores  we  have  rightfully  adopted 

I  ask,  Mr.  President,  how  can  the  Captain,  who  habitually  dis- 
regards the  order-  of  his  superiors,  control  his  own  subordinate 
And  how  can  the  Colonel  influence   his  Captains  when  he  himself 
usurps  authority,  and  Beta  the  example  of  disobedience  '( 

No,  6ir  !  Man  is  more  an  intellectual  and  moral,  than  physical 
being;  and  human  COBtrb]  belongs* rather  to  moral  than  physical 
forc«\  Yes,  Mr.  President ;  rightful  influence  is  a  connected 
chain,  reaching  from  the  throne  of  the  Almighty  to  the  footstool 
of  humanity,  where  crouches  the  humblest  slave.  And  at  what- 
ever point  a  link  is  broken,  all  below  is  insubordination,  confusion 
and  anarchy.  Can  we  ignore  the  inexorable  laws  of  logic;  can 
we  ignore  principle,  truth,  and  (Jod,  and  still  expect  to  maintain 


THE  CONVENTION  OF  ALABAMA.  285 

our  moral  power  ?  I  warn  gentlemen,  when  we  usurp  jurisdiction 
not  confided  to  us,  we  destroy  our  prestige  ;ind  influence  with  our 
constituents;  and  giving  just  cause  for  disregarding  our  authority, 
in  one  particular,  we  invite  suspicion  oF  illegality,  and  provoke 
opposition  to  all  our  measures. 

Sir,  the.  friends  of  Secession  will  have  burdens  enough  to  carry, 
and  possibly  sins  enough  to  answer  for,  without  turning  to  the 
right  or  the  left  from  the  straight  and  narrow  path  of  our  limited 
duties. 

Tliis  measure  proposes  a  radical  change  in  a  long-settled  policy 
of  the  State,  involving  momentous  interests,  well  calculated  to 
arouse  fierce  passions,  and  array  factions  in  a  blind  antagonism, 
that  may  overshadow  and  put  in  jeopardy  the  great  principles  and 
interests  specially  and  solely  Confided  to  our  charge.  Why  should 
earnest,  single-minded  secessionists,  needlessly  array  the  friends 
of  internal  improvement,  of  banking,  and  of  the  credit  system  in 
general,  against  their  cause?  Arc  they  unconscious  that  thou- 
sands, with  potent  influence  at  the  polls,  appreciate  no  principle 
but  the  palpable  dollar,  ami  find  nor  music  nor  joy  in  rights  and 
liberties  unattended  with  present  ring  of  metal? 

Gentlemen  confidently  say.  thire  is  no  Reconstruction  party  in 
Alabama,  and  that  there  will  be  none.  Disregard  of  possible  dan- 
ger m  13  prove  a  fatal  security  ;  atid  1  beseech  the  true  friends  of 
our  movement  to  hew  ire  lest,  in  heedlessly  rushing  forward,  we 
ptniuhle,  fall,  and  find  a  stronger  enemy  Upon  u-.  And  especially, 
sir.  why  meddle  with  this  exciting,  and  therefore  dangerous  topic, 
when  our  actiun.  being  beyond  our  commission,  would  necessarily 
be  nugatory?  For  it  needs  mi  argument,  to  prove  that  the  agent 
Cannot  bind  the  principal  wherein  be  has  exceeded  the  powers 
speeili,  d  in  his  commission. 

I  cannot  see  how  this  measure  is  either  within  the  express  grant 
of  power  to  us.  or  in  any  way  incidental  to  the  same 

It  is  l.y  no  means  certain  even  'Int  it  will  popularise  OUT  great 
measure  of  secession  with  the  people.  Those  who  like  it  will 
think  we  hive  only  dme  our  dui\  ;  while  those  who  disapprove, 
will  regard  it  as  an  usurpation,  and  a  wrong,  fur  which  the  whole 
movement  will  he  held  U\  answer,  lbiicf  iCtioDS  are  so.ni  forg  >ttcn, 
wlrle  injuries  are  neither  forgotten  nor  forgiven 

I  understood  my  distinguished  colleague  to  intimate  that  "We, 
beiny  sent  here  to  protect  prupeny,  ad  this  measure  l»<  i n ir  emi- 
nem  l\  eonsci  vat  ive  of  propei  ly,  it  is  therefore  wit  Inn  the  scope  and 

object  of  our  power- 

Now,  Mr.    I'nsidiiif,   I   submit    that    while    our    enmin  ssion  IS  of 

much  higher  import  and  dignity,  it  i>,  in  one  respect,  b)  uo means 


286  aiBTom    \Nn  ih.i!\ti>  ov 

so  broad.  Wc  are  sent  to  protect,  ool  bo  much  property,  as  white 
supremacy,  and  the  great  political  right  of  internal  self-control — 
but  only  against  one  specified  and  single  danger  alone,  t,  e.  the 
danger  of  Abolition  rule.  Now,  it  A  commission  15  to  guard  his 
p-fold  againet  the  wolves,  it  is  true  that  sheep  are  property; 
but  it  does  not  therefore  follow  that  II  may  lawfully  imprison  A 
to  prevent  his  frequenting  the  tavern  or  gambling-house,  although 
both  these  practices  may  be  very  destructive  I  •  \  -  property. 

And  beside,  31  r.  President,  Buppose  we  had  rightful  cognizance 
in  this  matter  of  legislative  creation  of  d<  bts,  .-till  what  of  it- 
practieal  utility,  in  view  of  the  facility  of  always  providing  some' 
specious  means  for  their  liquidation  ?  This  would  tempt  to  fre- 
quent evasions  of  the  Constitution  in  this  respect,  and,  by  thus 
demoralizing  the  public  mind,  tend  gradually  to  subvert  the  whole 
instrument.  It  seems  eminently  impolitic  to  introduce  into  the 
Fundamental  Law  provisions  of  Mich  easy  evasion.  The  New 
York  Constitution,  in  order  to  prevent  bank  suspensions,  din 
all  suspended  banks  to  be  turned  over  to  the  Receiver;  and  yet 
even  the  Judiciary,  a  few  years  ago,  when  public  expediency  de- 
manded suspension,  evaded  this  provision  by  construing  it  as  ap- 
plicable only  to  banks  without  assets  of  value  equal  to  their  in- 
debtedm 

I  choose;  however,  to  place  my  refusal  to  take  cognizance  of 
this  question   ou    the   single   ground  of  want  of  legitimate  power 

over  it. 

But  while  a  n  straint,  practically  commensurate  with  the  object 

here  intended,  I  would  regard  as  an  eminently  conservative  fea- 
ture of  the  Organic  Law,  1  cannot  shut  my  eyes  to  the  fact  tli.it, 
as  civilization  proj  I  I  dii,  and  the  power,  to  .-nine  extent,  to 

anticipate  future  means,  Beem  to  become  more  and  more  access 

to  enable  both  individual-  and  nations  to  keep  even  juice  in  the 
march  of  human  progress.  Nor  Can  I  ce  how  one  generation  can 
foreknow  all  the  wants  and  exigencies  of  another.  This  propo- 
sition, it  is  tro  occasions  of  actual  war  and  threatened 
invasion.  ]>ut  suppose  whole  cities,  within  our  borders,  should 
be  destroyed  by  fire;  or  suppose  long  famine,  or  some  other  un- 
foreseen calamity,  should  happen,  when  the  public  treasury  was 
i  mpty,  must  the  houseless  and  hungry  therefore  perish  rather 
than  draw  upon  reasonable  hopes  of  the  future ?  famine  has 
been  frequent  in  the  history  of  many  nations;  and  I  remember 
when  the  miseries  of  a  terrible  conflagration,  in  Charleston,  were 
materially  mitigated  by  South  Carolina  lending  her  credit  to 
enable  the  citizens  to  rebuild  their  homes.  The  banking  facilities 
of  New  Orleans,  which,  to  an   incalculable  extent,  have  appreci- 


THE  CONVENTION  OF  ALABAMA.  287 

ated  the  crops  of  Louisiana,  have  been  chiefly  built  up  on  State 
credit,  loaned  to  the  banks.  And  Louis  Napoleon,  the  greatest 
statesman  of  the  age,  originated  the  "  Credit  Mobilicr"  an  insti- 
tution in  Paris,  whose  special  office  it  is  to  facilitate  and  advance 
useful  enterprises,  by  lending  its  interest-bearing  bonds,  which  arc 
negotiated  for  money — in  short,  by  a  loan  of  its  credit. 

Indeed,  in  countries  where  heavy  mercantile  transactions  are 
most  cheaply  and  successfully  conducted,  an  abundance  of  sound 
interest-bearing  securities  arc  deemed  indispensable.  And,  as 
civilization  advances,  in  the  same  ratio  we  find  multiplied  the  la- 
bor-saving and  interest  saving  devices  of  credits,  counters,  inter- 
est-bearing stocks,  and  representatives  of  money. 

That  these  things,  like  all  human  inventions,  arc  attended  with 
evil,  there  can  be  no  donbt.  And  their  abuse  may  even  endan- 
ger the  simplicity  of  a  pure  Republic.  But  in  an  age  of  credit,  it 
may,  perhaps,  admit  of  question  whether  individuals  or  nations 
can  keep  pace  with  the  general  progress  without,  at  least,  a  ra- 
tional and  temperate  use  of  similar  facilities  to  those  enjoyed  by 
rival  cotemporaries. 

But,  sir,  whatever  may  be  true  or  false  in  regard  to  these  specu- 
lations, in  the  absence  of  any  overwhelming,  or  even  urgent,  ne- 
cessity, and  seeing  that  we  are  not  "  the  people,"  but  only  their 
agents,  I  cannot  consent  to  our  assuming  powers  which,  by  failing 
to  confer,  they  have  reserved  to  themselves. 

Mu.  Yelverton  said  : 

Mr.  Premdmt — I  have  bo  disposition  to  prolong  this  discus- 
MOD,  and  but  for  its  vast  importance,  should  not  add  a  single  n 
mark;  but  1  feel  called  upon  to  offer  a  fevr  reasons,  which  influ- 
ence me  to  vote  for  the  substitute  offered  by  the  gentleman  from 
Barbour,  [Mr.  Cochran.]  I  approach  it  with  feelings  of  delicacj 
after  listening  to  the  able  and  distinguished  gentlemen  who  havi 
addressed  the  Convention  on  the  subject.  My  responsibility  to 
;ny  constituents  for  my  actiou  upon  this,  as  well  as  all  other 
ions,  induces  me  more  particularly  to  examine  and  under- 

1   wh:.!  1  do. 

An  organic  principle  is  sought  to  be  changed  l>\  the  amt 
It  is  urged  thai  it  will  forever  protect  the  faith  and  credit 
of  the  State;  that  it  will  hold  a  complete  check  upon,  and  pre- 
vent improper  legislation  ;  that  it  will  not  interfere  with  existing 
obligations;  that  it  will  prevent  corporations  from  the  organiza- 
tion of  such  power  and    influence  as  might  without   restraint  ena 

ble  them  to  control  the  elections  ol  members  to  the  Legislature. 


2$vS  BISTORT    MTO   nxnvTF.s   or 

and  i"  control  the  Legislature  itself.  It  seems  to  me,  Mi.  Presi- 
dent, to  have  the  merh  of  settling  these  things  firmly  and  unmis- 
takably, and  of  providing  effectually  against  involving  the  H 
in  debts  t"  be  thereafter  met  with  taxation.  It  has  n  very  high 
and  strong  claim  upon  me  as  a  Representative,  upon  the  ground 
that  it  meets  and  sustains  the  well-ascertained  will  of  our  people 
against  Sta'e  ail.  or  against  the  load  of  the  Stair's  creditor 
means  to  Railroad  or  other  corporations. 

I  assume  that  the  people  of  the  State  have,  through  the  Iml lot- 
box,  and   alter  the  most  thorough  discussion,  decided  against  all 
manner  of  legislation  lookin  i  />>  State  a  <l  in  any  form  ;  and  what- 
ever may   have  been- our  individual  opinions  before  such  ap| 
and  judgment,  it  is  now  our  duty  to  treat  it  as  a  settled  question. 

The  substitute,  Mr.    President,  provides  directly  that  th< 
islatttre  shall  not  create  a  debt  against  the  State  without   provi- 
ding at  tli ;  same  time  the  means  t"  pay  it — debt  or  appropriation 
in  ease  of  war  excepted.     I  have  noticed  with  care  the  objections 
rented   by  the  several   gentlemen  who  have  opposed  its  adop- 
tion.    The  objections  are  various,  and  chiefly  as  to  policy.     The 
gentleman  fn an  Barbour,  [Mr.   Buford,]  who  has  met  addr  - 
the  Convention  at  preal  length,  and  with  his  accustomed  ability, 
the  question  of  jurisdiction,  by  denying  the  Convention 
power  to  act;  other  gentlemen   have  also  alluded   to  this  point. 
N       .  sir.   have  we  this    power,  nr   la  ihis    Convention  a  in.  re  un- 
lawful assemblage,  or  a  body  whose  powers  are  limited   to  a  par- 
ticular aet  rtr  class  of  acts  2*     Gentlemen  assert,    by  wa)  of  illus- 
tration, that  we  were  assembled  bj  virtue  of  Joint  Resolutions  of 
th  •  State  Legislature  providing  for  a  Convention.     Let   us  exam 
ine  this  by  reference  to  the  Joint    Rest dutions  themselves,     "'i"* >ii 
will   see  that  the  Joint   Resolutions  were   passed  with  great  una- 
niin'ty,  providing  for  the  sail  of  a  State   Convention    upon  th 
election   of  certain  sectional  candidates  for  the    Presidency  and 
dency.     The  election  passed   oil,  and   the  contingency 
co  itemplated  (or  feared)  by  these  Resolutions  happened — Lit  c  >lu 
an  I  Hamlin  were  elected.     Now,  gentleman,  mark,  if  you  please* 
the  attention  of  power  as  we   proceed.     Von  argue  that  the  call 
was  p»i  ,ji  ,  to  prepare  for  secession.     The  Resolutions  sav, ''to 
c  ai-i  ler  what  is  best  to  be  done." 

If  the.  gentlemen  will  allow  it,  I  think  1  can  easily  demonstrate 
tlial  the  power  behind  the  throne  vv.is  greater  than  the  throne 
itself.  I  concede  thai  the  Legislature  had  power  to  do  what  it 
did.  I  honor  that  noble  body  of  true  men  for  their  act.  They 
■nt  I  v  knew  that  the  Res< dutions  they  passed  were  not  conclu- 
sive upon  the  people,  and   only  looked  to  any   assemblage  of  the 


THE  CONVENTION  OF  ALABAMA.  -JM> 

people  in  Convention,  because  the  people  had  a  right  to  disregard 
the  call  ;  they  had  a  right  to  vote  lor  and  elect  Delegates  com- 
mitted against  holding  a  Convention — against  " considering  what 
was  besl  to  be  done,    and   more  especially  as  man)'  of  them  did 

elect  Delegates  committed  against  secession.  Suppose  then,  sir. 
for  further  illustration,  that  a  majority  of  this  Convention  had 
decided  against  secession,  would  not  the  reasoning  of  the  gentle- 
men, applied  to  that  view,  prove  that  we  had  assembled  to  de- 
clare ami  ordain  <i</<tiiisf  secession  f  lint  this,  you  see,  would  lie 
disastrous  to  the  policy  of  the  gentleman  from  Barbour,  [Mr.  Bu- 
ford,]  and  might  prove  too  much,  or,  at  least,  something  which 
neither  that  gentleman  or  myself  desired  :  for  we  both  ardciith 
desired  secession.  I  put  to  the  gentlemen,  as  States-Rights  men. 
the  question,  whether  the  people  parted  with  their  power  to  alter 
or  change  their  form  of  Government,  either  in  their  Convention. 
providing  for  Union  with  the  United  Stales,  or  in  their  ratifica- 
tion of  the  admission  of  the  State  into  that  Union?  I>\  refer- 
ence to  either  of  these  decrees  of  the  people  of  Alabama,  it  will 
be  seen,  in  language  strong,  plain  and  deaf,  that  this  great  right 
was  reserved  ;   and    that  all   other  rights,    powers  and    privileges, 

w  Inch  were  not  delegated  to  the  Genera]  Government,  were  re- 
tained in  the  State,  in  the  people',  thus  the  supremacy,  majesty 
and  power  of  control  of  the  State  by  itself,  for  itself,  has  always 

existed,  and  was  never  more  potent  than  now. 

Mr.  President,  the  gentleman  from  Barbour  [Mr.  Buford]  is 
an  ahle  constitutional  lawyer  of  long  experience, and  of  profound 
learning,  and  is  equally  distinguished  for  his  great  devotion  to 
Southern  and  States'  Rights,  and  has  for  many  years  contributed 
largely  to  the  advancement  of  these  greal  principles;  and  I  must 
Confess,  sir.  that  1  wa.s  much  surprised  to  hear  that  distinguished 
gentleman  utter  the  words  which  left  an  impression  that  he  wa- 
in doubt  as  to  the  power  of  this  Convention  on  this  subject ;  and 
to  place  that  doubt  upon  the  ground  that  the  Convention  had  not 

been  called    for  the  purpose  of  changing   our   Constitution  in  an\ 

other  respect  than  such  as  was  demanded  to  render  complete  th< 
withdrawal  of  the  State  from  the  Tinted  States.  Other  gentle- 
men have  also  alluded  to  this  question  of  power  ;  and  here  I  pro- 
pose to  show  that  this  question  of  power  has  been  well  consid- 
ered and  ably  reported  upon  bj  the  Judiciary  Committee  of  this 
<  invention,  of  which  the  honorable  gentleman  from  Montgomery 
[Mr.  Watts]  is  Chairman,  and  whose   Report  was  unanimously 

sustained. 

The  subject  which  called    forth  that    Report  was  the   Ordinance 
introduced   by  the  gentleman  from   Mobile,   [Mr.  Humphries  1 
"  19 


*.J!)0  HISTOKl      \M>     KKHATKS     Off 

[iron  '^:i_r   t)i    repeal   of  an  Act  of  the   late  session  of  tl 
l,cl  the  "Staj   I....:'"  and  while  the  Commit) 
imous  in  their  opinion  as  t<>  the  power  of  the  Convention  t>> 
slate  1 1 p<  >i i  this  and  other  Bubjeots,  yet  thej  were  also  (proper- 
is  I  think,  and  as  the  Convention  decided,)  of  opinion  that  it 
.  i  nol  1"-  treating  the  Legislature  with  proper  respect.     Here 
•  is  ascertained  and  promulgated,  and  here,  too,  is  a  line 
drawn  between  power  and  policy. 

1    invention  has  power  to  control  the  Legislative,  Ex 
ncutive  and  Judicial  Departments  of  the  State  ;  if  has  all  power, 
<>r  it  has  none. 

[  haye  opposed  overj    proposition  to  refer  to  the  people  any 
iction  of  this  Convention— m\   reason  for  suoh  refusal  has  been 
he  same  on  all  occasions:  The   people  arc  here;  this  Conven- 
Ls  tin    people;  here  is  the  sovereignty,  the  power  and  will 
>f  the  State;  but  still,  I  am  willing  only  t"  do  whatever  is  oe- 
■  .,-\  to  be  done.     Gentlemen  argue  that  the  Constitution  does 
..it  ueed  the  amendment    proposed,  because  the  policy  sought  to 
|..iiLr  existed.     The  same  argument  may  be  ap- 
I  to  everj  other  change  which  has  been  or  may  be  made.     It 
I.  because  a  Convention  can  be  called  to  revise  the 
istitution.     I  grant  the  call. could   be  made;  but  as  th<    State 
i  here  in  Convention,  1  prefer  to  save,  the  expense  and  time  of 
ther  Convention.     Gentlemen  sa\  that   it  mi  righl  as 

,ii  A.c1  of  the  L<  rrislature,  but  not  as  an  <  Ordinance  of  n  Conven- 
tion. 
"Hie  question  for  the  Convention  to  determine  i^  simply,  whe- 
the  measure  is  right,  and  if  so,  whether  the  ri  )  not 

r  secured  by  a  clause  in  the  Constitution,  than  bj  on 
Alt  of  the  Legislature  ?  I  wish  to  aid  all  1  can  in  making  the 
Constitution   as  perfect    as  it.  can   be    made.     It  well 

any  attompts  have  been  made  to  call  a  Convention ; 
that  mat  have  been  pointed  out  and  complained  of  l>\ 

hep  Why   this.'     Because,  sir,  the  Constitution,  though 

■  1  to  the  condition  of  the  Stair  in  its  infancy,  is  unsuited  to 
its  gigantic  manhood.     At  the  last  regular  session  of  the  Legisla- 
whi-n  the  Resolutions  of  which  we  have  been  Bpeaking  were 
ed,  a  Bill  was  also  passed,  calling  a  Convention  of  the  peo- 
ple to  revise  the  Constitution;  and  my  recollection  is  that  our 
able  and  worthy  Chief  Executive  [Gov.  Moore]  assigned  as 
one  of  his  reasons  for  withholding  his  approval  oftheConven- 
tion  Bill  was,  that  the  Legislaturehad  provided — by  thewRetolu 
i  consider  what  is  best  to  be  done" — for  the  assembling 
.  Convention.    The  prediction  of  His   Excellency  was  pro 


THE  CONVENTION  OK  ALABAMA.  291 

phetic;  his  motive  a  good  one,  which  was  to  save  the  State  the 
expense  of  two  Conventions,  when  one  would  answer  all  the  pur- 
poses. This  act,  like  all  the  acts  of  thai  great  and  good  man. 
[Gov.  Moore,]  commend  him  to  the  lasting  gratitude  of  the  State. 
Mr.  President,  as  a  member  of  the  Committee  on  Public  Lands, 
I  have  on  my  desk  a  Minority  Report,  that  I  have  drawn  up  to  pre- 
sent to  this  ('invention  against  the  Majority  Repbrl  of  its  Chair- 
man, [the  lion.  O.  S.  .lewett.]  That  Report  is  in  favor  of* 
making  large  donations  or  gifts  of  the  public  lands  In  several 
Railroad  Companies  and  corporations  thereinmentioned.  I  take 
the  view  that  this  is  State  aid.  and  that  as.  theState  has  decided 
against  that  policy  so  conclusively,  we  owe  it  to  the  people 
to  settle  the  question,  in  solemn  form.  1  hope  1  may  be  excused 
for  alluding  to  this  subject,  because  I  tear  that  I  will  not,  for  want 
of  time,  be  able  to  get  the  ear  and  action  of  the  Convention  upon 
my  Report,  and  the  Ordinance  submitted  with  it.  This  Ordinance 
contemplates  the  setting  apart  the  lands  and  the  net  proceeds  of 
the  sales  thereof,  to  the  payment  of  the  debt  now  existing,  and 
hereafter  to  be  created  on  the  State  by  reason  of  its  secession  ; 
it  also  provides  that  no  appropriations  out  of  that  fund  shall  ever 
be  made  for  any  other  purpose  than  paying  the  debts  of  the  State, 
while  any  debt  exists  against  the  State. 

If,  Mr.  President,  the  Substitute  in  question  be  adopted,  and  no 
donation  or  appropriation  is  made  by  the  Convention,  a  check  at 
least  will  be  held  upon  the  Legislature.  T  am  for  this,  and  hope 
to  see  it  adopted,  as  I  believe  it  will  in  future  accomplish  meat 
good.  But,  sir,  if  the  time  allows,  I  shall  urge  upon  the  Con- 
vention to  concur  in  my  Minority  Report,  and  to  adopt  (he  Ordi- 
nance, T  Bubmil  with  it,  as  that  Ordinance  will  put  it  out  of  the 
power  of  the  Legislature  to  make  donation  or  appropriation,  and 
provide  for  its  being  paid  or  given  <>ut  of  fliis  land  fund  ;  and  on 
these  questions  I  beg  to  be  pardoned  if  I  suggest  to  the  Conven- 
tion the  propriety  of  bestowing  more  attention.  It  is,  I  think,  cer- 
tain that  the  State  will  in  future  have  to  pay  for  these  lands;  but 
if  not,  and  they  should  become  our  property,  by  the  Act  of  Se- 
cession, then  certainly  there  can  be  no  objection  t<>  apply  them  to 
the  payment  of  the  expenses  which  follow  the  Act  ;  and  this  vast 
amount  of  land  will  be  found  to  be  a  large  item.  The  Convention 
has  already  settled  a  great  Constitutional  principle  bearing  a  close 
relation  to  the  subject-  under  consideration  :  1  mean  the  amend- 
ment adopted,  which  prohibits  taxation  to  raise  funds  to  aid  the 
building  of  Railroads,  &o.  If  the  land  fund  goes  t"  pay  the 
debts  of  tie-  State,  then  every  tax  payer  in  the  State  is  equally 
interested,  because  to  that  extent  he  will  be  freed  from  taxation; 


21*2  HISTORY    AM)    DBBATKS    Of 

bat,  sir.  if  the  lands  are  given  away  to  corporations,  tin  s,-  Beleoted 
corporations  only  will  be  benefitted  ;  and  it"  it  should  happen  that 
the  State  should  have  the  lands  to  pay  for  alter  the  lands  are 
given  away,  who  then  doubts  the  payment  t  It  would  have  to 
come  by  taxation.  Who  also,  1  ask,  would  doubt  the  general  dis- 
satisfaction of  the  people?  They  would  have  proper  cause  for 
indignation.  Let  us  carefully  guard  Against  any  and  every  cause 
for  producing  dissatisfaction  among  our  people,  who  have  so  loug 
and  so  nobly  proved  themselves  loyal  to  the  State. 

Mr.  President,  when  it  is  settled  that  the  State  will  not  aid 
companies  in  building  Railroads,  a  healthy  state  of  things  will  be 
developed.  It  is  a  fact  of  which  we  may  justly  boast,  that  our 
State  has  great  wealth  as  well  as  intellectual  power;  great  pride 
too,  in  our  onward  march  to  prosperity  ;  then  the  immense  capital  of 
the  State,  which  is  now  inactive  will  be  brought  into  requisition; 
then  there  will  be  but  one  question,  that  one  will  be,  what  Road 
wt'Upojf  .'     Such  will  be  built,  and  such  only  ought  to  be  built. 

[Mr.  Yelverton  thanked  the  Convention  for  the  atten- 
tion he  had  received  ;  and  remarked  that  he  would  then  settlt  <>(/ 
with  some  of  his  distinguished  friends  in  the  Convention  ;  which  he 
did  in  a  most  humorous  manner,  dealing  good  hits,  right  and  left, 
including  himself  in  his  jests.  This  part  of  the  gentleman's 
Speech  was  especially  amusing;  but  we  will  not  attempt  to  report 
ir,  as  it  would  be  impossible  to  prescne  the  manner,  which  is 
usually  the  soul  of  wit.] 


ON  Till-:  POWER  OF  TAXATION. 

Section  32  of  the  Constitution  being  under  consideration,  Mr. 
I>.\im;.\n  moved  to  strike  out  "  private  or  quasi-public,"  in  the  last 
line  of  said  Section,  and  insert,  in  place  thereof,  "other  than 
M  unicipal  corporations." 

Mk.  JlMIBOM  made  an  inquiry  of  the  mover  of  the  Amendment 
to  explain  his  object. 

Ma.   DabOAN  said: 

1  will  explain  :  my  object  is  to  carry  out  the  precise  idea  of  the 
Committee,  but  to  express  it  in  language  that  cannot  be  misunder- 


THE  CONVENTION  OF  ALABAMA.  293 

stood,  either  by  the  people  or  the  courts.  I  am  not  satisfied  with 
the  word,  '•  </unsi'"  or  qnasiymbtic.  The  words  I  propose,  otJu  r 
fluin  rmmicipai,  convoys  the  idea  better  and  more  unmistakably.  I 
had  supposed  really,  that  the  Amendment  had  been  accepted. 

The  President: 

The  Chair  would  remark  to  the  gentleman  from  Mobile,  [Mr. 
Dargan.]  that  it  was  not  in  the  power  of  the  Committee  to  accept 
the  amendment. 

Mr.  Watts  said  : 

Mr.  President — Would  it  be  in  order  to  move  to  strike  out  the 
whole  of  the  section  during  the  pendancy  of  the  amendment'/  If 
so,  I  would  like  to  test  the  sense  of  the  Convention  on  a  direct 
vote  upon  the  section. 

The  President  : 

The  Chair  thinks  not:  the  merits  of  the  <(iiestion  could  not  be 
reached  in  that  way,  without  the  violation  of  one  of  the  rules  of 
the  Convention. 

Mr.  Watts  said : 

Mr.  President — The  object  of  the  section  is  obvious.  It  will 
be  recollected  that  our  Legislature  has,  on  various  occasions,  passed 
acts  authorizing  city  corporations  to  tax  their  citizens  for  Pail- 
road  purposes.  Mobile  was  authorized  to  levy  a  tax  in  aid  of  the 
Mississippi  and  Ohio  Railroad.  The  tax-payers,  to  the  extent  of 
their  tax,  become  stockholders,  and  thereby  interested  in  the  suc- 
cess of  the  Road.  The  enterprise  has  been  eminently  successful, 
and  is  now  approaching  its  conclusion.  No  other  Act  of  the  Legisla- 
ture could  have  done  so  much  towards  the  perfecting  of  that  Road  ; 
for,  from  a  small  town,  umbr  the  influences  of  this  great  Road, 
Mobile  has  grown  to  be  the  largest  city  on  the  Gulf.  Selttta  was 
authorised  to  do  the  Mime.  That  city  has  also  shared  greatly  in 
the  benefits  of  this  system.  The  grand  object  of  these  Legisla- 
tive acts  was.  to  advance  Railroads,  and  to  open  and  push  forward 
a  great  system  of  Internal  Improvements.  The  system  has 
worked  admirably;  and  it  may  indeed  be  said,  that  the  great  Ohio 

and  Mississippi  Road  Defer  would  have  been  completed,  but  for  this 
very  sot  of  the  Legislature,  giving  to  the  city  the  right  to  levy  a 
tax  on  property-holders  for  the  advancement  of  the  Road. 


•j'.M  HISTORY      \ND     HKHATKS    OF 

If  this  system  has  worked  well,  why  change  it  now'.'  The 
adoption  of*  this  motion  will  prevent  a  like  consummation  in  other 
Roads,  already  in  progress;  it  will  indeed  he  a  death-blow  to  In- 
ternal Improvement!  in  Alabama.  Suehacourse  can  but  have  tin- 
most  disastrous  effects  upon  the  Railroads  in  Alabama.  How  are 
Internal  Improvements  to  go  on  '(  Bow,  if  you  throw  around 
your  Legislature  such  iron  bands  as  these?  Sir. von  should  ohaoge 
the  name  of  this  Ordinance,  and  give  it  the  more  appropriate  title  : 
;m  Ordinance  to  destroy  all  ir>>,-/:s  of  Internal  Improvement  in  the 
State  of  Alabama, 

It  is  objected,  that  yon  must  not  tax  a  man  without  his  consent. 
Sir,  if  a  man  is  unwilling  to  share  his  fortune,  in  this  way,  in  the 
promotion  of  the  general  good,  when  he  must  necessarily  partici- 
pate in  the  benefits  of  a  growing  fortune,  he  Ought  to  be  forced  to 
pay  his  proportion.  No  man  ought  to  be  allowed  to  stand  by 
idly,  with  his  hands  in  his  pocket,  and  wait  lor  his  more  energetic 
neighbors  to  bring  value  upon  hit  property  by  their  industry,  risk 
and  enterpri/.e. 

Sir.  let  us  leave  I  his  matter  to  an  untrainiueled  and  enlightened 
Legislature — a  Legislature  whose  acts,  on  this  subject,  have  al- 
ready been  pronounced  constitutional  by  our  Supreme  Court.  It' 
the  Legislature.  ha\  ing  been  heretofore,  and  so  long  entrusted  with 
this    power,  baa   done   no   harm,  why    refuse    longer   to   leave   the 

power  in  hands  which  have  been  so  prudent  in  the  use  of  it  ! 
Why  thus  seek  to  tie  them  up  forever,  by  this  fundamental  re- 
striction ? 

Sir,  there  is  another  and  paramount  reason  why  this  clause 
should  not  lie  adopted  by  this  <  lonvention  at  this  time.  This  Con- 
vention was  assembled  i"< >r  a  specific  purpose,  and  with  no  regard 
whatever  to  making  the  constitutional  alteration  here  attempted. 
It  was- assembled  in  anticipation  of  great  national  emergencies 
arising  out  of  our  difficulties  with  the  North,  and  to  discuss  the 

Lecessity,  and  mature  the  plan  ot'  a  separation  from  the  I  nion. 
It  was  for  the  accomplishment  Of  the  one  great  act  of  Secession 
lor  which  it  was  assembled.  That  act  has  been  done.  And  the 
right,  we  have  to  interfere  with  the  Constitution  is  confined  to  Bucb 
changes  as  the  independent  position  we  have  assumed  make  nee 

v  in  the  perfect  accomplishment  of  this  grand  object.  The 
Constitution  must  be  so  changed  as  to  meet  and  harmonize  the 
new  Government;  but  it  was  never  intended  that  we  should  go  to 
work  radically,  to  reform  and  amend  our  State  Constitution.  This 
was  never  thought  ot'  by  the  people  when  they  elected  the  Dele* 
gates  to  this  Convention.  And,  in  my  opinion,  we  ought  only  to 
amend  the  Constitution  wherein  it  is  absolutely  necessary  to  meet 
the  contingencies  of  the  separation. 


THE  CONVENTION  OF  ALABAMA.  295 

Mr.  Gibbons  said  i 

I  Ie  w  as  glad  tnat  the  gentleman  from  Montgomery  [Mr.  Watts  | 
had  so  fully  stated  his  reasons  for  the  opposition  lie  made  to  the 
proposed  Amendment.  It  was  one  of  the  gravest  questions  that 
had  been  .submit led  to  this  Convention  during  its  existence,  and, 
in  importance,  was  second  only  to  the  Ordinance  of  Secession 
itself. 

Here.  Mr.  President,  let  me  refer  to  certain  principles  now  sei- 
lled  for  the  interpretation  of  Constitutions,  and  on  which  the  pro- 
posed  Amendment  is  based: 

1st.  It  is  well  settled,  that  in  the  interpretation  of  the  United 
Slates  Constitution,  no  powers  could  be  given  to  it  by  construc- 
tion. It  possessed  simply  such  powers  as  were  clearly  granted, 
.•Hid  all  others  were  excluded.  But,  secondly,  in  the  interpretation 
<>f  State  Constitutions,  the  State  Legislature  possesses  all  power 
not  directly  prohibited.  Hence,  it  became  necessary,  if  we  would 
restrain  a  State  Legislature  in  its  action,  we  must  do  so  by  express 
prohibitions  in  (he  Constitution  itself,  as  the  Legislature  would 
JS  all  power  not  prohibited  by  the  Constitution. 

Now,  if  these  principles  arc  correctly  stated,  I  ask  any  gentle 
man  to  take  up  the  Constitution  of  Alabama,  and  see  where  he 
finds  any  protection  to  private  property?  Where  is  the  prohibi- 
tion in  our  Constitution  which  forbids  the  Legislature  to  say  that 
the  house  or  the  horse  of  A.  shall  become  the  property  of  B.  ? 
Where  is  the  prohibition  to  the  Legislature  from  taking  money  out 
of  the  pocket  of  one  man  and  putting  it  into  that  of  another? 
The  Legislature  surely  has  that  power,  unless  it  is  somewhere  pro- 
hibited. The  only  clause  in  our  Constitution  thai  tends  to  protect 
private'  property  is,  that  "private  property  shall  not  be  taken  for 
public  use,  without  just  compensation^  Well,  sir,  at  first  glance, 
it  would  seem  that  the  major  proposition  would  necessarily  con- 
tain the  minor,  and  that  if  they  could  not  take  private  property 
tor  public  use,  without  compensation,  much  less  could  they  take 
private  property  for  private  use,  without  compensation.  But  this 
does  not  seem  to  have  been  the  construction  of  the  Courts.  On 
the  contrary,  they  seem  to  have  considered  thai  thej  were  only  at 
thorized  to  consider  those  things  prohibited  which  were  expressly 
prohibited,  and  nothing  was  mi.  by  construction  ;  and  aocoraihgl) . 
the  Supreme  Court  of  this  State  have  gone  the  full  length,  and 
have  decided  that  a  tax  which  Is  confessedly  levied  for  the  benefit 

•  it'  a  private  corporation  is   constitutional,  by  \iitue  of  the   mm 
strained  taxing  power  reposing  in  the  Legislature. 

Now,  sir.  let  us  look  for  one  moment  at  the  proposition  unde* 


0W>  BfSTOBT     \\n    DBBATM    or 

I  what  it  is  in  itself.     It  reads  as  follows,  to-wit: 
I  a      shall  nol  be  levied  for  the  benefit  of  individuals  or  corpo- 
rations other  than  municipial  corporations,  without  •  itof 
the  tax  payer."     Why,  sir,  one  would  suppose  that  the  proposi- 
tion would  commend  itself a1  once,  hoi  merely  to  the  p I  » 

iiiit  to  the  conscience  of  every  member  of  the  Convention.    TTie 
■  1 1 tut  in  its  favor  commences  in  the  Decalogue  and  reads: 

■•   ThoU    shult    not   stall;"    and  ai_rail).    W  ThoM    tkalt    ii'it    COVtt    thy 

neighbor's  goo<ls."  Gentlemen  are  violently  opposed  tothepropo 
sition  as  it  stands,  but,  sir.  now  let  us  see  what  the  convetae  of 
the  proposition  is.  and  necessarily  the  doctrine  for  whioh  gentle- 
men contend  :  "  Taxes,  then,  shall  be  levied  for  the  benefit  of  in- 
dividuals ;iinl  ]>ri\at<'  corporations;"  and  this  power  now  existing 
in  the  Legislature,  they  propose  to  leave  there  unrestrained,  and 
are  shocked  that  the  Committee  have  proposed  tolirail  the  power 
fop  the  protection  of  private  property.  Why,  the  proposition  as 
above  stated,  is  one  thai  must  shock  tin-  moral  sense  of  ever) 
righl  thinking  man  !  That  m\  property,  which  I  have  acquired 
and  call  mine.  can.  by  a  siiii|,lr  liat  of  the  Legislature,  be  taken 
from  me  and  vested  in  another  man.  is  a  proposition  thai  shocks 
the  moral  sense.  It  is  in  \aiu  to  sa\  that  the  Legislature  will 
ne\  <r  exercise  this  power,  for  they  have,  In  effect,  'lone  it.  and  the 
Supreme  Court  have  declared  the  ad  constitutional.  Gentlemen 
pose  to  do  \>\  legislative  enactment  what  they  would  scorn  to 

do  as  individuals;    what,   as  individuals,  they  WOUld    OOt  dare  do, 

because  in  so  doing  they  would  be  amenable  to  the  Penal  laws  of 
the  country.  Gentlemen  may  shelter  themselves  behind  an  act  of 
the  Legislature  in  the  exercise  of  the  power  under  discussion,  but 
tiny  must  recollect  that,  in  morals,  it  is  not  the  less  robbery,  not- 
withstanding tin  \  may  shelter  themselves  behind  a  legislative  en* 
aent.  It  is  proposed  by  gentlemen  to  leave  in  the  Legislature 
a  power,  and  10  justify  the  exercise  of  that  power  in  a  mode  that 
would  not  receive  the  sanction  of  anj  despot  or  tyrant  on  the  face 
■  •!  the  earth.  I  know  of  do  potentate  or  power  on  the  face  of  the 
earth,  however  despotic  or  tyranical,  that  has  ever  presumed  to 
•  monej  from  the  pocket  of  A.  to  put  it  Into  the  pocket  of  BL 
Dynasties  and  despots  there  are,  and  have  1 n.  who  have  levied 

-  upon  their   citizens  for  purposes  of  public  eiiterprizes,  such 

as  Railroads  and  other  public  works,  but  then  the  improvements 

\  Inch  the  taxes   were  expended  remained  the  property  of  the 

Government,  and  were  in  turn  employed  tor  the  benefit   of  the 

taa-payer,  and  the    franchise    put    at  low  rates  with    a  view   to  his 

convenience  and  benefit.  But  the  power  contended  for  by  gentle- 
men is  simply  to  enrich  A.  at  the  expense  of  B.,  and  this  by  leg- 
islative enactment. 


THE    CONVENTION     OF    ALABAMA.  '21Y7 

Gentlemen  talk  largely  of  the  necessity  of  retaining  this  power 
for  the  purpose,  as  they  say.  of  building  lip  Railroads  and  other 
internal  improveinents.  Yes,  sir,  gentlemen  are  so  thoroughly 
run  mad  upon  the  subject  of  Railroads,  and  Railroad  companies, 
that  they  become  utterly  oblivious  of  the  morality  of  the  means 
they  employ  to  bring  them  into  existence.  \\  ell,  sir.  Railroads 
are  now  the  order  of  the  day.  The  public  mind  seems  to  have 
become  enthused  upon  that  subject  to  the  exclusion  of  all  other 
subjects  in  which  the  public  have  an  equal  interest.  The  resources 
of  the  country,  say  they,  must  be  developed,    The  bowels  of  the 

earth  must  not  only  be  speedily  dug  out,  but  must  be  carried  off. 
That  is  all  very  well,  Mr.  President,  and  I  have  not  one  word  to 
say  against  it.  In  those  matters,  however.  I  would  always  ael  as 
I  would  in  other  matters  ot'  private  enterprize.  It'  I  wanted  a 
Road  and  others  wanted  it  also.  I  would  unite  my  capital  or  credit 
with  theirs  and  build  it.  I>ut  I  certainly  would  not  steal  the 
means  ot  carrying  it  out.  Now.  sir,  suppose  we  have  the  taxing 
power  oi  the  Legislature  in  the  same  condition  as  we  found  it  on 
assembling  here;  a  power,  in  fact,  unlimited,  whether  for  the  bene- 
tit  of  the  public  or  for  the  benefit  of  individuals,  or  private  cor- 
porations^ who  can  tell  how  long  the  public  sentiment  will  run  in 
favor  ot'  Railroads  '.  Suppose  it  should  take  a  religious  turn  and 
it  should  be  deemed  important  that  churches  should  be  built  in 
every  township  in  the  State,  would  not  the  enthusiasts  upon  this 
subject  have  the  same  right  to  call  upon  the  Legislature  to  tax  the 

people  to  build  churches  and  to  huild  up  religious  societies,  as 
those  have  who  worship  the  god  of  this  world?  Who  will  rise 
Up  here  and  say  that  the  wealth  of  a  State  is.  in  importance,  su- 
perior to  its  morals  ?  Have  not  moral  and  religious  corporations 
the  same  right  to  have  taxes  levied  for  their  benefit  as   Railroad 

Corporations]      What  guaranty  have  we    that  the  exercise    of  this 

power  will  be  confined  to  Railroad  corporations  1  Does  not  the 
principle  contended  for  by  gentlemen  apply  as  well  to  churches, 
holds,  turnpike  roads,  bridges,  ferries,  and  even  theatres  '.  The 
public  have  an  interest  in  all  these,  and  each  of  them  have  the 
same  right  to  call  upon  the  Legislature  to  levy  taxes  in  their  he- 
halt'  as  Railroads.  All  the  difference  between  them  this  day  is. 
that  the  popular  sentiment  to-day  has  a  decided  tendency  to  Rail- 
roads over  and  above  ail  other  things ;  but  this  is  no  evidence 
that  ten  years  hence  it  will  lu-  v,,.  The  moment  that  popular  en- 
thusiasm takes  a  different  channel  and  runs  in  a  different  direc- 
tion, then  that  subject  becomes  the  one  of  paramount  Importance, 
and  tin'  Legislature  is  invoked  to  build  it  up.  ami  10  matter  at 
whose  expense. 


■_".'*»  HISTORY     \M>    i>KHAll>    01 

Now,  if  private  property  is  worth  anything;  if  it   is  coi 
liable  to  be  industrious  and  economical,  and  therebj    t.i  beconv 
thrifty  and  wealthy,  then  it  becomes  important  t<>  prop- 

erty as  well  from  the  inroads  which  the-  Legislature  ma}  maki 
1 1 1 »•  •  1 1  it  as  against  those  which  individuals  may  make.  Il  should, 
in  fact,  be  sacred.  The  citixep  owes  i«>  the  commonwealth  in 
which  he  lives  lull  allegiance,  and  this  includes  his  aid  in  Bupport 
and  in  defence  "t"  thai  commonwealth.  Taxes,  th<  refore,  ina\ 
well  be  levied  upon  him  for  this  support  and  this  defence.  Tbie 
power  is  not  denied,  nor  is  il  Bought  to  interfere  with  it  in  an\ 
manner  whatever.  Bui  1  deny  most  emphatically  that  the  L< 
lature  ought  i"  have  the  power  either  to  take  my  money  and  giv< 

my  neighbor,  or  to  take  il  and  give  it  to  a  private  • 
lion,  that  seeks  to  run  a  Railroad  b)  my  dwelling,  or  to  make  any 
other  improvement  that,  in  its  nature,  is  a  private  enterprize. 

Mit.  .1  KMbus    said  : 

If  this  proposition  is  adopted,  i1  will  put  it  oui  of  the  power  nf 
;iii  cities  which  have  already  created  Bonds,  and  have  their 
now  outstanding,  to  comply  with  their  obligations. 

Mi;.  (  '"<  hi;  \n  said  : 

The  difficult^  suggested  by  the  gentleman  from  Tuscaloosa, 
[Mr.  Jemison, |  can  be  obviated  by  the  proviso  which  1  will  offer, 
if  the  gentleman  will  yield  me  the  floor  for  that  purpose.  I  wouh 
not  be  willing  that  the  Committee's  proposition  should  be  adopted 
without  such  an  explanatory  ameudment.  It  was  not  the  d< 
of  the  Committee  t<»  interfere  with  existing  obligations.  [Mr, 
Cochran  read  bis  amendment,  providing  that  the  proposed  ehangi 
should  not,  in  anj  way,  applj  to  existing  liabilities.] 

\l  ft,   .1  imi-un  said  : 

If  the  Section,  as  amended  bj  the  Committee,  should  be  adopted, 
i  his  |.rn\  iso  would  be  necessary,  and  would  relieve  the  proposition 
from  the  objections  I  suggested.  The  city  of  Tuscaloosa  has  < 
iracted  a  debt,  by  authority  of  an  act  of  the  Legislature,  for  the 
purpose  of  aiding  En  the  construction  of  a  Railroad,  and,  although 
I  did  not  vote  for  the  tax,  I  am  in  favor  <>t'  meeting  the  Bonds  it 
I  faith.  But,  even  with  the  proviso  of  the  gentleman  from 
Barbour,  |  M  r.  I  Sochran,  |  I  am  still  opposed  to  this  amendment  i  f 

the  Constitution.       1    would  prefer  to  leave    OUT  Citizens  free  to  b< 

taxed  if  they  chouse;  and  1  am  not  willing  to  admit  that  a  man 

must    never  be  taxed  without  his  consent.      Men  are  often  unwill- 


THE  CONVENTION  OF  ALABAMA.  299 

ing  to  be  taxed  ;  and  to  say  you  shall  not  tax  a  man  without  his 
consent,  is  equivalent  to  saying  you  will  not  tax  him  at  all.  The 
money  you  got  from  a  man  b\  his  consent,  would  be  more  pro- 
perly called  a  contribution  than  a  tax. 

Mb.  Dargan  saitl  : 

I  will  explain  my  motive  for  voting  For  this  amendment.  What 
is  the  meaning  of  the  word  "Tax  ?"  It  is  money  levied  for  public 
use,  by  the  Slate,  and  for  which  the  tax-payer  expects  no  return. 
except  the  pr< >t eel i< m  of  the  State.  It  is  a  burden  which  the  tax- 
payer owes  to  the  State  for  his  protection.  This  meaning  is  per- 
verted when  the  power  is  used  for  any  other  purpose  :  more  par- 
ticularly is  it  perverted  when  the  money  is  caused  to  be  paid  for 
the  purpose  of  procuring  certificates  of  stock.  When  raised  for 
such  purposes,  there  is  an  implied  contract — it  is  a  bargain  be- 
tween the  parties — therefore  it  is  a  perversion  of  the  power  to  levy 
a  tax.  Thus  you  can  force  money  from  a  tax-payer,  for  the  benefit 
of  private  individuals,  against  his  will.  It  is  a  violation  of  the 
Constitution  thus  to  raise  money  by  taxes.  The  Constitution  says  : 
"the  property  of  no  man  shall  be  taken  for  public  use  without  just 
compensation."  Money  is  property.  1  am  willing  to  advar.ee  the 
public  interest  by  my  purse,  but  not  by  the  perversion  of  a  great 
principle. 

This  amendment  will  not  arrest  the  progress  of  public  improve- 
ment, as  insisted  on  by  the  gentleman  from  Montgomery,  [Mr. 
Watts. |  He  proposes  to  force  an  unwilling  tax-payer — you  will 
coerce  me  to  become  a  stock-holder,  though  lam  unwilling  to  sub- 
scribe  for  the  stock,  upon  the  ground  that  I  am  a  tax-payer.  Vet 
1  answer  you,  this  is  not  a  legitimate  tax.  It  is  not  tax,  but  an  in- 
vasion of  niy  right  of  property — it  ia&  violent  atuture.  The  old 
policy  is  fraught  with  danger  and  injustice.  The  large  property- 
holder  i-  at  the  mercy  of  the  small  property -holder ;  and  in  such 
communities  as  Montgomery  and  Mobile,  those,  who  have  little 
or  no  property,  are  largelj  in  the  majority,  and  can  force  the  large 
property -holders  to  do  as  they  please,  if  you  give  them  a  chance  to 

do  it   at   the  ballot    box. 

The  Railroad  system  of  Alabama  will  prosper  as  rapidly  under 
this  proposed  amendment,  as  under  the  old  system — and  even 
with  moie  harmony,  and  on  a  just  principle. 

If  you  assume  the  right  to  tax  your  citizens  to  build  Railroads, 
why  may  you  not  do  it  upon  the  same  principle,  for  the  pur] 
of  building  a  line  of  Steamers  '.   You  may  as  well  charter  a  Stock 
Company  to  build  and  run  a  line  of  Steamboats  from  Montgome- 
ry to  V  w  (  Cleans,  and  raise  the  money  by  taxing  the  property' 


300  BI8TOR1      \m>    DKBATKO    OP 

holders  of  Montgomery,  upon  the  specious  grounds  that  the  steam- 
ers will  improve  the  oommerce  ol  the  town,  and  thereby  enhance 
the  value  of  the  property  of  the  tax-payer, 

Sir.  tliis  is  an  Important  question  :  we  are  framing  an  Organic 
Law  for  a  new  Stat* — let  it  be  so  framed  in  language  and  meaning 
that  it  cannot  lie  misinterpreted — so  that  under  the  Law,  the  pro- 
perty of  all  iiicn  niav  be  equally  secure. 

Mk.  \Y  \tts  said  : 

l%e  gentleman  from  Mobile,  [Mr.  Dargan,]  and  the  gentleman 
from  Monroe,  [Mr.  Gibbon?,]  have  not  presented  this  question  in 
its  real  aspect.     They  have  represented  me  as  advocating  a  new 

policy. 

Mk.   I  >  \i;<;  in  : 

The  gentleman  misstates  me.  I  wish  to  change  a  poticy  which 
has   heretofore  been  pursued,  and  which  the   gentleman,    [Mr. 

Watts.)  wishes  still  to  adhere  to. 

Mk.  Waits  said  : 

Alabama  i*  forty-tw'o  years  "Id.  having  been  formed  into  a  State 

in  1819,  ami  this  amendment  proposes  a  change — an  interpolation 

into  the  Constitution  of  something  unknown — something  unheard 

of:  and  it  is  my  motive  to  prevent  this  interpolation.  Has  anj 
harm  been  heretofore  done  by  the  authority  of  any  act  of  the 
Legislature  on  this  subject  I  Is  the  policy,  the  practice  and  the 
happy  experience  of  forty  years  to  be  cast  awaj  .'  Before  this  is 
done,  will  you  not  require  those  gentlemen  who  advocate  this  change 
to  show  some  good  reason  for  it  '.  It',  in  fort}  years  experience,  no 
damage  can  he  found  to  have  grown  on;  of  the  old  policy,  why 
should  we  abandon  it  I  The  gentleman  from  Monroe.  [Mr.  Gib- 
bons,] seems  really  to  he  afraid  to  sleep,  lest  the  Legislature  du- 
ring his  slumbers,  maj  invade  his  rights  of  property.  8urely,he 
cannot  have  spent  many  quiet  nights  during  his  residence  in  Ala- 
bama; Cor  the  policy  which  inspires. him  with  such  apprehensions 

has  always  prevailed  in  the  State. 

It  need  not  l.e  disguised.  Mi-.  President,  that  this  proposition 
8pring8  from  the  Wishes  of  a  few  dissatisfied  individuals.      This  old 

policy  of  taxation  for  the  benefil  <>f  Railroads,  having  operated  in- 
juriously in  some  respects,  to  the  private  interests  of  certain  indi- 
viduals, all  the  weight  of  their  legislative  influence  is  brought  to 
bear  against  it  here.  We  should  not  legislate  for  such  persons, 
but  for  the  general  good. 


THE  CONVENTION'  OF  ALABAMA.  301 

In  regard  to  the  tax  by  the  city  of  Mobile  for  the  Great  Missis- 
sippi and  Ohio  Railroad,  which  has  conferred  such  vast  benefits 
upon  that  city,  I  understand  that,  at  the  time  of  taking  the  rote, 
there  were  only  seven  votes  recorded  against  it  1  I  am  amazed 
that  this  dissatisfaction  should  come  from  Mobile. 

It  is  urged  that  you  should  not  tax  a  man  without  his  consent. 
Sir,  there  are  classes  that  should  be  taxed  without  their  consent  ; 
there  are  men  who  refuse  to  aid  in  all  improvements,  because  the 
investment  does  not  pay  satifactory  dividends.  They  prefer  to 
loan  their  money  at  two  and  three  per  cent,  a  month,  and  thus 
grind  the  very  citizens  who  build  up  the  country.  Shyloek  re- 
fuses to  aid  in  building  a  Road  which  will  enhance  the  value  of 
his  own  property — but  he  loans  his  money  at  usury  to  the  citi- 
zen, who.  not  only  returns  him  his  unholy  per  cent.,  but  who  adds 
increased  value  to  his  property.  This  is  his  double  thrift.  Such 
a  man  ought  to  be  taxed,  and  forced  to  pay,  if  unwilling  to  pay. 
His  soul  docs  not  rise  above  a  picayune;  his  vision  is  limited  by 
the  end  of  his  nose;  he  is  almost  unfit  to  lie  an  inhabitant  of  a 
thriving  city.  Such  men  are  not  the  class  for  which  we  ought  to 
legislate.  In  casting  about  for  the  beneficiaries  of  legislation,  they 
ought  to  be  regarded  most,  whose  lofty  feelings  and  enlarged 
views  extend,  not  only  to  the  advancement  of  their  private  inter- 
ests, hut  to  the  growth  and  development  of  the  country — to  the 
building  up  of  cities — to  the  spread  of  civilization,  and  to  the 
general  prosperity. 

Mb.  Dargan  said  : 

I  have  said  before,  that  a  Tax,  in  its  proper  sense,  is  a  sum  of 
money  required  by  the  Government  of  its  subjects,  to  enable  the 
Government  to  perform  its  proper  functions,  and  for  which  the 
subject  receives  no  other  return  than  that  of  protection.     It  must, 

therefore,    lie  levied    for  the    <  iovcrnineiit.  and    not    for  8    private 
corporation,  or  for  the  use  of  a  private  person. 

Hence,  all  taxes  levied  tor  the  benefit  of  Railroad  Companies, 
(unless  it  lie  with  the  express  consent  of  the  tax-payer,)  are  im- 
proper and  unjust,  and  is  a  departure  from  one  of  the  great  ob- 
jects of  Government — the  protection  of  private  property.  But 
if  the  tax-payer  eon-., Mils  to  the  tax,  and  thereby  receives  stock  to 
the  extent  of  the  tax  he  pays,  this  is  not  strictly  a  tax,  hut  is  in 
the  nature  of  a  contract,  \,\  which  the  tax-payer  becomes  a  si, up- 
holder in  the  Companj  :  or,  if  he  should  consent  to  the  tax  with- 
out receiving  anything  in  return,  still,  the  consent  expressly  giv- 
en, justifies   the    levy  of  the    money,   not    a-    a  tax  in    its   proper 


30'2  BISTORT    AXi>    DKI1ATKS    or 

•.  but  as  a  sum  of  money  contracted  to  l.e  paid  on  a  legal 
consideration. 

If  it  Were  true,  Mr.  President,  that  the  progress  and  comple- 
tion of  Railroads  required  a  departure  from  the  great  principl< — 
the  protection  of  private  property — 1  should  hold  on  to  the  prin- 
ciple at  the  expense  of  Railroads.  But  the  amendment,  in  nay 
judgment,  -will  not  impede  in  the  slightesl  degree  the  building  of 
Railroads,  or  the  making  of  any  other  public  improvement,  li 
only  prohibits  the  making  of  6ueb  Roads  or  public  improvements 
upon  improper  principles,  or  rather  in  :i  legal,  not  in  an  illegal 
manner. 

I  think  that  all  communities  will  aid  willingly  by  consenting 
to  a  tax,  when  'In-  work  is  of  such  a  character  as  promises  pub- 
lic benefit  arid  commercial  advantages.  True,  there  maj  be  some 
fin'  who  may  object,  bill  the  number  will  be/ew;  and  it  seems 
to  be  the  object  of  the  opponents  of  this  amendment  to  reach 
those  few.;  andtoeffecl  that  object,  the}  would  sacrifice  one  of  the 
most  valuable  principles  of  Government,  ami  to  initiate  the  doc- 
i lino,  that  private  property  may  be  taken  without  the  consent  pf 
the  owner,  and  without  confiscation,  if  a  majority  be  of  opinion 
it  will  be  a  public  benefit. 

I  would  not.  Mr.  President,  violate  this  great  principle  for  such 
a,  purpose.  It  will  hen  poor  compensation  for  the  destruction 
of  such  a  principle  that  we  extract  from  a  few  misers,  as  the\ 
have  Keen  called,  a  small  sum  of  money  by  way  of  tax  ;  audi 
cannot  think  how  a  wise  statesman  would,  for  such  a  purpose, 
im pair  a  principle  so  vital  to  the  peace  and    happiness  of  society  . 

Hut,. Mr.  President,  the  opponents  of  this  amendment  do  not 
i  in  understand  it  in  another  view.  They  saj  it  will  prevent 
all  cities  and  municipal  corporations  from  undertaking  any  pub- 
lic work,  Or  the  erection  <•!'  an\  Railroad.  In  this  they  are  mis 
taken.  If  a  municipal  corporation  be  authorized  by  its  charter 
or  by  an  Act  of  the  Legislature,  to  subscribe  as  a  stockholder  to 
a  Railroad,  the  amount  subscribed  will  be  a  debl  that  the  city 
will  owe,  and  must  pay  it  in  the  same  manner  that  they  arc 
hound  to  pay  an\  other  debt.  Bui  then  the  stock  will  be  prop- 
erty belonging  to  the  city,  and  the  dividends,  if  any  ever  be 
realized,  will  relieve  the  tax-payer  />ro  tanto. 

The  amendment  does  tiol  prohibit  the  Legislature  from  ena- 
bling a  city  or  incorporated  town  from  becoming  a  stockholder; 
therefore,  the  Legislature  maj  give  such  authority  ;  and  if  the 
Committee  who  reported  the  amendment  intended  by  it  so  to 
restrain  the  Legislature,  they  have  failed  to  accomplish  the  object, 
they  had  in  view.     But  I  do  not  understand  that  it  was  so  intend 


THK    CONVENTION    OF    ALABAMA.  JJOo 

ed  by  the  Committee  The  great  object,  As  lam  informed,  the 
Committee  had  in  view  in  proposing  this  amendment  to  our  Con- 
stitution, was  to  place  beyond  cavil  or  doubt  the  great  principle 
that  private  property,  "whether  money.  land  Or  personal  proper- 
ty other  than  money,"  should  be  held,  sacred,  and  beyond  the  pow- 
er even  of  the  Legislature,  unless  taken  fof  taxes  in  its  proper 
and  legitimate  sense. 

Mr.  Gibbons  said  : 

Mr.  Pr<  si<l<  nt — As  the  gentleman  from  Montgomery  has  alluded 
to  personal  matters  affecting  myself,  I  crave  the  indulgence  of  the 
Convention  for  a  few  moments  more;  and  that,  I  promise,  shall 
close  my  connection  with  this  debate.  The  gentleman  has  alluded 
to  the  Mobile  and  Ohio  Railroad,  as  one  that  was  entirely  and  suc- 
cessfully built  by  the  tax  that  was  levied  upon  the  real  estate  of 
the  city  of  Mobile.  Permit  me,  sir,  to  say  that  that  railroad  was 
not  built  by  that  tax.  True,  the  tax  contributed  to  build  it,  to  the 
extent  that  it  went;  but  if  the  Road  had  depended  upon  that  tax 
alone  for  its  construction,  it  would  not  have  been  built  to  this  day. 
The  tax  levied  was  one  million  of  dollars,  and  the  first  estimate  of 
the  Road,  by  the  engineer,  was  over  ten  millions.  If  it  had  de- 
pended upon  that  tax  alone,  levied  upon  Mobile  property  the  Road 
would  never  have  gone  beyond  the  limits  of  the  State  of  Alabama. 
<;.r,  the  Mobile  and  Ohio  Road  was  built  because  it  was  an  im- 
provement cherished  by  all  classes  of  people,  and  because  all  were 
-  friends,  and  none  were  its  enemies;  because  every  one  felt  dis- 
posed, and  called  upon,  to  do  all  in  his  power  for  its  completion. 
The  tax,  in  itself  partial,  and  in  its  nature  entirely  unequal,  being 
confined  to  real  estate  alone,  was  voted  almost  universally  (only 
six  votes  being  cast  against  it).  Rut  so  deep  was  the  interest  felt 
in  the  enterprise,  that  no  one  complained  of  injustice,  but  all  di- 
rected their  efforts  to  the  accomplishment  of  the  work.  This  was 
'he  secret  of  the  building  of  that  Road 

The  gentleman  from  Montgomery  [Mr.  Watts]  says  I  am  dissatis- 
witli  the  action  of  the  citizens  of  Mobile,  in  the  matter  relat- 
ing to  the  great  Northern  Railroad.  Tin' gentleman  will  permit 
me  to  say  that  he  is  mistaken,  [am  po1  dissatisfied  with  any- 
thing that  the  citizens  of  Mobile  have,  done,  as  a  body.  The  dis- 
satisfaction of  myself,  and  those  thai  acted  with  me,  did  not  arise 
from  anythingthat  the  citizens  of  Mobile  had  done,  but  it  arose 
from  what  other  parties  had  done,  unauthorized,  by  the  citizens  of 
Mobile. 

The  gentleman  from  Montgomery  |  Mr.  Watte]  calls  upon  us  to 


:;<>l  bisto&i  urn  dkbatbs  or 

trust  still  the  Legislature,  Mid  triumphantly  asks,  "  Has  tin-  Le- 
gislature done  any  harm?"  Mr.  President,  I  do  not  know 
whether  <>r  not  the  Legislature  of  Alabama  have  done  anj  ham  ; 
luit  I  do  know,  that  by  virtue  of  their  power  to  levj  taxes,  they 
have  imposed  upon  the  city  of  Mobile  the  duty  of  contributing, 
to  tlif  great  Northern  Railroad,  some  twenty-three  hundred  thou- 
sand dollars,  without  their  consent;  and  I  know,  further,  thai  the 
Supreme  Court  of  Alabama  has  pronounced  this  law,  levying  such 
tax.  constitutional.  Whether  it  is  harm  or  not,  depends  very 
much.  I  presume,  upon  the  medium  through  which  we  view  it. 
To  me  it  is  harm;  to  the  gentleman,  and  to  the  stockholders  hi 
the  Company,  I  doubt  not  it  »*  no  harm  whatever.  A  large,  mass 
of  property-holders,  with  myself,  thought  it  harm.  an. I  tried  to 
L'-'t  relief  by  application  to  the  Courts  of  the  country.  Hut  the 
Courts  replied  to  us  thus :  ••  We  must  administer  the  law  as  we 
find  it:  we  cannot  make  laws  to  meet  particular  cases.  Inas- 
much as  this  taxing-power  is  unrestrained  by  the  Legislature,  we 
are  not  authorised  to  pronounce  the  law  unconstitutional,  however 
unjust  it  may  be  in  itself."  This,  sir.  is  our  answer;  and  it  is  the 
answer  I.  tor  one,  expected  to  receive,  if  the  case  ever  was  made 
to  turn  upon  the  Constitutional  question.  1  have  been  satisfied 
for  years,  that  under  the  current  of  the  decisions  of  the  Courts 
of  the  country,  there  was  no  protection  whatever  in  our  Constitu- 
tion for  private  properly.      This  defect  is  what  we  now  propose  to 

remedy,  by  this  Amendment.     I  certainly  would  be  prepared  to 

trust  the  Legislature  still,  if  I  had  not  seen  and  felt  that  that  body 

had  entered  upon  a  career  of  legislation  that  will  inevitably  lead 
to  the  most  unmitigated  tyranny.     Amendments,  similar  to  the 

one  proposed,  have  bees  called  for  and  adopted  by  almost  all  of 
the  Northern  Slates.  We  cannot  claim  for  our  Legislature 
greater  purity  than  theirs;  and  yet  the}  have  Keen  forced  to  pro 
tect  private  property,  b\  clauses  directly  in  the  nature  of  prohib- 
itions, upon  their  Legislatures. 

The  gentleman  from  Montgomery  |  Mr.  Watts]  does  not  pretend 
to  den)  a  single  principle  that  we  state,  hut  simply  because,  as  he 
says,  I  and  the  gentleman  from  Mobile  have  been  injuriously  af- 
fected by  a  particular  case,  therefore  the  principles  that  we  avow, 
and  the  arguments  by  which  we  support  'his  Amendment^  must 
lie  entirely  disregarded.  Mr.  President,  particular  cases, .affect- 
ing me  or  any  one  else,  have  nothing  to  do  with  the  question  un- 
der discussion,  except  as  they  may  serve  for  illustration.  As 
illustration,  I  am  not  afraid  of  them,  and  coinimmd  them  to  the 
lination  of  every  member  of  this  Convention. 

The  gentleman  from  Montgomery  seems  particularly  anxious 


THE  CONVENTION  OF  ALABAMA.  305 

to  become  the  guardian  of  the  Misers  and  Shylocks,  a?  he  terms 
tjhem,  ot  the  State;  an  I  h e  wants  this  power  left  with  the  Lej 
iature.  in  order  that  lie  may  make  them  shell  out. 

The  gentleman  forgets  that  the  Misers  and  the  Shyloeks  of 
this  country  hold  their  property  and  their  money  by  the  very 
title  and  right  by  which  the  gentleman  from  Montgomery  asserts 
the  principle  of  devoting  his  to  Railroads.  They  hold  and  refa'n 
(heir  property  by  the  same  principle  precisely  that  the  profligate 
spends  his.  Now,  if  the  ges  tleimin  is  justified  in  taking,  by 
force,  the.  key  of  the  chest  of  the  Miser  or  the  Shylock,  unlock 
the  same,  and  take  their  money,  by  the  same  right  he  mav  tak< 
the  property  of  the  spendthrift,  and  devote  it  to  Railroads.  Each 
is  an  interference  with  that  perfect  dominion  over  property  which 
each  citizen  possesses  by  the  laws  of  nature  and  society,  an.: 
which  cannot  be  interfered  with  but  at  the  risk  of  society  i'lselt 
The  very  reason  that  the  gentleman  gives  for  interfering  with  tlu 
property  of  the  Miser  and  the  Shylock,  to  divert  it  to  Railroads 
would  apply  to  every  species  of  public  improvement,  ari< 
amongst  all  those  improvements,  if  taxes  could  be  levied  for  all. 
Neither  the  gentleman,  nor  any  one  else,  would  be  envious  of  the 
Misers  or  the  Shyloeks  in  their  midst,  for  there  would  be  none 
within  their  reach.  Those  that  such  legislation  did  not  ruin  and 
reduce  to  poverty,  would  flee  beyond  the  jurisdiction  of  these 
laws.  But,  sir,  we.  are  told  that  this  Amendment  ought  not  to  be 
adopted,  because  it  is  not  properly  wiihiu  the  scope  of  the  pow- 
ers of  the  Convention.  That  this  Convention  came  here  to  pass 
the  '  Irdinance  of  Secession,  and  such  Acts  as  are  incidental  to  it 
and  nothing  else.  Mr.  President,  I  know  not  where  gentlemen 
gel  their  ideas  of  the  duties  of  this  Convention.  They  certainly 
do  not  get  them  from  the  Act  of  the  Legislature  calling  the  Com 
vention  ;  an.l  I  shall  never  yield  my  assent  to  that  narrow  view 
of  my  duties  in  this  Convent  ion,  until  1  see  some  authority  for  it. 
My  ideas  are  that  it  is  our  duty  to  pass  all  Ordinances,  and  make 
all  Amendments  to  the  Constitution  that,  ought  to  be  made,  and 
thereby  save  the  expense  of  another  Convention. 

Those  are  my  views  of  my  duty  here;  and  with  those  views  j 
must  v..te  for  this  Amendment  to  the  Constitution,  to  protect  pri- 
vate property. 

Bui  the  gentleman  says,  we  have  lived   under  the  Constitution 
over  forty  years,  and  trusted  the  Legislature  all  that,  time- 
wh)  not  trust  it  still.'     Mr.  President,  that  argument*  if  it  pro 
anything,  pro?es  too  much.     If  it  is  of  any  foroe  whatever 
to  the  extent  of  doing  away  with  every  Constitutional  pro 

vision.      The   gentleman    may    be    prepared    lor   Midi   a    move   Bfl 
20 


lllsToin     AND    DERATES    OF 

that,  luit  1  am  not, and  I  trust  the  Contention  is  n<>t.  Well,  sir, 
if  it  ii  important  to  bare  anything  secured  by  Constitutional 
raarantys,  ii  surelynnBM  !><•  acknowledged  that  private  property 
\t  in  importance  t<>  personal  rights;  and  while  the  latter  arc 
well  secured,  there  is  not,  yet.  the  first  guaranty  lor  the  formal, 

\I  a.  ( 'in  hi:  w  said  : 

i  would  iiut  be  willing  t<>  vote  Tor  the  Am.  mihii  nt  reported  bj 
the  Committee,  without  the  explanatory  proviso  which  1  bav< 

d,  intended  to  meet  the  objections  suggest  d  by  the  gentleman 
from  Tuscaloosa  [Mr.  Jemisonl.  This  proviso  having  bees 
idopted,  I  will- endeavor  to  call  tfie  attention  of  the  Convention 
i»  the  real  question  presented  by  tin  report  of  the  Committee. 
Vd(J  i  must  saj .  that  so  wide  and  excursive  has  been  the  rang 
i'liatc,  that,  had  1  not  been  <>n  the  Committee,  and  thereby  well 
:<i\is((l  of  the  object  etf  the  proposition,]  Bhould  myself  be  some- 
vfaat  bewildered  m  the  pursuit  of  the  real  question  now  at  issue. 

If  the  subject  is  worthy  of  tfce  discussion  had  upon  it  today, 
.i   is  certainly  worth  the  time  of  the  Convention  to  listen  to  an 
ucplanation,  which  will  show  the  extent  of  the  proposition,  as  in- 
i  nded  b)  t  be  <  '•  >mroittee 

t  was  n<>t  the  intention  of  the  Committee  to  int<  rferc  with  the 
islature,  in  its  power  to  levy  legitimate  taxes.  It  leaves  the 
islature  entirely  unrestricted  on  that  subject.  'The  leading 
object  of  this  proposition  is,  to  protect  private  property.  It  will 
l>c  seen  then,  at  once,  that  many  matters  have  been  referred  to  in 
•his  debate,  which  are  not  at  all  natural  or  applicable  to  the  sub- 
ject. Shyiock  has  been  denounced,  and  the  large  hearted  man 
landed.     Neither  of  diem  has  anything  to  do  with  the  subject. 

'"he  proposition  asserts  the  principle  that  you  shall    not    take  nio- 

iey  out  of  one  man's  pocket,  without  his  consent,  to  advance  the 
interests  of  ;l  corporation. 

is  there  any  thing  terrible  in  this?     Is  there  any  startling  inno- 

•  at  ion  heir,  filled  with   coming   disaster-    to    the    State,  or  to  the 

rights  or  interests  of  the  people.'    The  Legislature,  heretofore, 

baa  bad  and  has  exercised  unlimited  power  to  levy,  and  to  authorize 
the  levying  of  Taxes.  We  propose,  simply,  to  restrict  that 
ppw<er,  but  to  leave  the  Legislature  free  ami  unrestrained  in  the 
.  ise  of  its  legitimate  duties  on  this  subject 
We  wish  to  preserve  untouched  the  dominion  of  man  over  the 
property  he  has  acquired.  This  is  a  settled  and  rime-honored 
principle  —  an  A.nglo-Saxon  ri^ht — which  must  not  he  left  to  the 
discretion  or  the  supposed  justice  of  any   Legislative  Tribunal. 


THE    CONVENTION     OF    ALABAMA.  307 

What  is  the  great  inducement  of  man  bo  accumulate  property  ' 
What,  but  that  he  may  use  it  as  he  pleases,  and  dispose  of  it  ac- 
COCding  to  his  will?  The  miser  is  as  much  entitled  to  the  protec- 
tion of  the  law.  as  your  large-hearted  man.  We  may  indulge  s 
private  contempt  for  the  Shylocks,  and  a  corresponding  admira- 
tion for  the  large-hearted  men  of  the  land,  but  the  law  must  make 
no  distinction.     The  law  must  be  general  ;   else,  indeed, 

"  There  is  nn  force  in  the  decrees  pf  Venice' 

But  we  arc  told  thai  Shyloek  must  be  forced  to  disgorge!  Sir. 
where  is  the  end  of  such  doctrine  as  that  \  The  same  principle 
that  destroys  Shy  look's  rights,  destroys  the  rights  of  your  large- 
hear  t<d  man.  If  you  cramp  Shyloek,  you  cramp  the  large-hearted 
man  also.  The  one  holds  his  wealth  by  virtue  of  the  great  prin- 
ciple of  personal  dominion  over  personal  property;  the  other 
gives  his  money  liberally — bountifully— by  virtue  of  kit  domi- 
nion over  kit  property. 

But  we  are  told  that  it  is  not  one  of  the  legitimate  duties  of 
this  Convention  to  act  at  all  on  this  question;  thai  we  were  con- 
vened for  another  and  specific  purpose  ;  that  that  purpose  has  no 
connection  whatever  witli  this  question.  Sir,  the  leading  object 
of  this  Convention  is.  to  protect  property.  It  was  the  great  pro- 
perty question  which  led  to  our  assembling.  We  had  trusted  a 
(Government  with  the  important  duty  of  protecting  our  property, 
in  which  it  had  signally  failed — and  We  took  into  our  hands  the 
dominion  over  <>,n-  own  property.  Instead  of  protecting  our  pro 
perty,  thai  (Government  sought  to  destroy  it.  We  seceded — 
to  assert  the  great  principle  that  we  will  use  our  own  property  as 
we  please.  It  was  the  duty  of  the  Federal  Government  to  se- 
cure me  in  the  free  enjoyment  of  life,  liberty,  and  property. 
When  it  ceased  to  do  that,  it  absolved  me  from  my  allegiance. 

Wc  have  heard  much  of  the  inclinations  of  men  to  make  two 
and  three  per  cent,  per  month  on  their  money  —and  that  these 
arc  the  men  who  arc  unwilling  to  subscribe  to  railroad-',  because 
that  sort  of  stock  will  not  contribute  to  gorge  the  appetite  of 
Usury;  and  that  these  men  ought  to  he  circumvented  by  the  in- 
genious devices  of  the  Legislature,  and  reached  in  the  way  of  tali  - 
upon  their  property.  Sir,  no  more  destructive  principle  could  be 
fted.  It  i<  of  the  same  class  as  the  one  already  referred  to — 
of  forcing  shyloek  to  disgorge.  It--  very  foundation  \s  \n  />rrr  ; 
and  force  is  not  law — but  the  vital  principle,  the  lever,  of  des- 
truction. /  the  companion,  but  the  great  antagonist  of 
the  law 


HOB  HISTORY     AND    DKUATES    OF 

\i ,..   Hi  MPHKDH  said  : 

ret  very  much,  Mr.  President,  i"  have  to  come  in  contact 
with  m \  t  \\  <i  distinguished  colleagues  [Messrs.  1  )argan  and  Bragg] 
..11  this  subject-  l>ut  if  I  were  to  remain  Bilent,  urder  the  cireum- 
st:im-.  s,  I  should  be  remiss  in  my  duty;  especially  as  tbe  inter- 
ests of  Mobile  have  been  frequently  referred  to  in  this  discussion. 
Tbe  citizens  of  Mobile  would  I"'  greatly  dissatisfied  it'  this  n 
mre  were  adopted,  and  1  ana  free  to  express  my  astonishment 
that  any  citizen  oi  Mobile  should  favor  such  a  proposition,  in  the 
nice  of  the  great  benefits  that  have  resulted  to  that  city  from  the 
very  policj  which  it  isnow  sought  to  destroy. 

Mr.  Humphries  spoke  a1  some  length  on  the  Mobile  and  Ohio 
Road,  referring  to  the  aid  which  it  had  received  from  the  oorpc* 
ration  of  the  city  of  Mobile,  and  the  great  benefits  that  the  Road 
had  brought  the  city  and  the  country  ;  spoke  of  the  class  of  per- 
sons that  had  opposed  it,  and  referred  to  several  instances  where- 
in individuals  who  had  opposed  the  Road  had  been  made  rich  by 
it  in  the  increased  value  of  their  property. 

Mr.  Gibbons  i 

lam  not  opposed  to  the  Road,  but  1  object  to  the  manner  of 
raising  the  money  to  build  it — taking  money  from  the  communi- 
ty and  giving  nothing  ill  return. 

Mi;.  I  Iimimikiks  : 

Our  experience  .shows  that  there  have  Keen  returns — the  most 
substantial  returns  in  the  increase  of  trade ;  the  large  advances 
in  city  property  ;  the  growth  of  the  city,  and  the  wide-spreading 
prosperity  of  her  citizens. 

It  the  citizens  of  Mobile  ha- 1  a  vote  on  the  same  proposition 
by  which  this  Road  was  originally  aided   by  their  city,  it  would 

be  Carried,  three  to  one,  now. 

I  am  not  so  much  Burpnsed  at  the  position  of  Judge  Dargan. 
He  is  opposed  to  Railroads;  always  has  been;  they  make  too 
much  noise;   they  disturb  him  and  frighten  his  children. 

Whether  this  policy  of  city  corporations  granting  aid  to  Kail- 
roads  m  ill  be  for  the  genera]  benefit  of  the  State,  I  will  not  speak — 
am  not  prepared  to  speak;  but  I  am  willing  that  tbe  rest  of  the 
State  should  have,  at  least,  the  chances  of  trying  it.  It  would 
look  like  ingratitude  for  the  city  of  Mobile,  after  having  reaped 
I'  uefits  from  the   polioy,  now  to  deny  it  to  the  other  portions  of 


THE  CONVENTION  OF  ALABAMA.  300 

the  State.  I  am  not  willing  to  say  that  the  State  at  large,  or 
any  city  in  the  State,  shall  be  deprived  of  the  benefits  of  a  policy 
which,  having  been  tested  by  Mobile,  has  proved  to  have  been  of 
great  advantage. 

Mr.  Morgan  : 

I  arise  to  do  what  I  have,  never  done  before. — to  give  the  rea- 
sons for  my  vote.  Dallas  County  is  as  much  interested  in  Rail- 
roads as  any  county  in  the  State.  I  am  myself  a  sto  khold  r, 
and  so  tar  am  identified  with  all  that  pertains  to  Railroad  enter- 
prise aivl  Railroad  sueeess.  A  large  portion  of  my  constituents 
are  deeply  interested  in  the  de  cat  of  this  Measure,  and  yet,  I 
shall  vote  for  it.  This  is  a  delicate  position  ;  hut  I  am  making  a 
fundamental  law  for  an  infant  State;  arid  having  discovered  a 
false  principle,  I  feel  it  my  duty  to  remove,  it.  What  is  that 
principle?  That  you  may  raise  money  by  taxation  without  the 
consent  of  the  tax-payer,  upon  the  presumption  that  the  enter- 
prise upon  which  the  money  is  to  be  used  will  enhance  the  value 
of  the  property  taxed.  This  principle  ought  to  be  taken  out  of 
the  Constitution.  The  Legislature  needs  to  be  restrained.  I  am 
in  favor  of  this  restriction  and  of  some  others.  The  Legislature 
has  no  right  to  pass  a  law  taxing  a  Citizen,  except  for  the  legiti- 
mate purpose  of  supporting  the  Government.  I  would,  then, 
restrict  the  Legislature  ;  and  I  would  so  guard  the  Treasury  that 
no  extraordinary  debt  should  be  contracted  for  the  State  by  its 
legislative  agents,  except  for  the  emergencies  of  an  insurrection 
or  rebellion. 

The  Section  is  now  so  worded  that  no  technical  issue  can  gro*H 
out  of  it,  and  no  bond  or  obligation  heretofore  entered  into  can 
We  affected  by  it.  It  presents  a  naked  principle  of  Government." 
undisguised  and  needing  no  explanation,  proclaiming  the  doctrine 
that  the  people  shall  not  be  taxed,  except  for  the  legitimate  sup- 
port of  the  State. 

I  feel  the  delicacy  of  my   position,  and   regret  that,   I   am  com- 
pelled to  vote  against  what  I  suppose  to  be  the  presenl  wis  u 
my  constituents;   but  in  this  I  am  acting  for  the    future  prosperi- 
ty of  a    people    whose    fundamental    laws  ought    to   bo    matured 

without  regard  to  sectional  or  local  inclinations. 

Mr.    \Yiiati.i;y  said  : 

Mr.  President — 1  was  on  the  Committee  that  reported  this 
Amendment.     I  do  not  think  it  ought  to   be  adopted.      I  agree 


310  HISTORY      tm>    HKHATES    OF 

with  the  gentleman  from  Montgomery  [Mr.  Watte]  in  hie  unan- 
swerable argument  touching  the  jurisdiction  of  this  Convention. 
We  are  not  bore  for  the  purpose  of  revising  the  Constitution.  We 
were  called  for  the  one  specific  purpose  of  dissolving  the   [Tnion, 

and  ol'  adapting  the  ('(institution  and  Laws  to  the  exigencies  and 
euergi  Dciee  of  the  radical  ohange  which  Secession    necessarily 

makes  ill  our  situation.  This  done,  our  powers  cease.  The  ques- 
tion of  Taxation  is  remote  from  that  of  Secession — is  not  by  any 
means  connected  with  it.  and  h  not  in  any  way  affected  by  it. 
The  subject  of  Taxation,  as  much,  if  not  more,  than  any  other 
question,  belongs  to  the  legislature;  it  is  always  of  present  and 
immediate  interest  between  the  people  and  the  licprc  scntative  ;  it 
is  a  matter  of  annual  consideration  and  regulation  ;  a  subject  upou 
which  the  constituent  is  expected  to  be  consulted  every  year. 
Let  us  leave  it  where  it  belongs. 

But  the  policy  proposed  is,  in  my  mind,  objectionable.  It  is  a 
•troke  at  Internal  I  mpro\  emeiits  in  this  State;  and  this  is  the 
time  ior  Alabama  to  make  vigorous  efforts  in  the  way  of  Internal 

Improvements.     On  this  question  we  arc  confessedly  behind  the 

age.  Our  sister,  Qeorgia,  is  far  in  advance  of  us;  and  this  is  ow- 
ing to  her  rapid  and  onward  career  in  Internal  Improvement*. 
We  have  made  a  beginning;  we  have  many  roads  in  progress 
We  begin  to  feel  the  spirit  of  the  sge, and  our  progress  is  onward 
Do  not  let  us  now,  at  this  juncture,  adopt  a  policy  which  will 
crash  Internal  Improvements — and  such  will  be  the  inevitable  re 
suit  of  the  adoption  of  this  measure. 

Qeorgia,  the  Empire  State  of  the  South,  owes  her  present  envi- 
able position  to  the  mode  by  which  she,  in  part,  built  her  roads. 
She  did  not  hesitate  to  tax  her  people  ;  their  money  was  used 
freely,  by  millions,  for  the  general  prosperity.  She  is  now  reap- 
ing her  reward. 

1  admire  the  candid  remarks  of  the  gentleman  from  Mobile 
[Mr.  Humphries],  lie  admits  the  great  benefits  resulting  to  the 
citizens  of  South  Alabama  from  the  former  prevalence  of  the 
policy  which  you  now  seek  to  destroy;  and  expresses  himself  as 
unwilling,  now,  after  having  reaped  these  benefits,  to  deny  the 
same  to  other  portions  of  the  State.  This  is  liberal  and  just, 
(jive  us  in  North  Alabama  the  same  chance  you  have  had  in  South 
Alabama. 

And  this  is  the  time  when  we  shall  need  all  aid  and  all  encour- 
Bgement.  Alabama  must  now  depend  upon  herself;  she  must 
look  to  berself  alone)  and  she  need  not  shrink  from  the  contem- 
plation if  she  has  a  fair  chance.  Our  hills,  mountains  and  valleys 
groan  with  mineral  wealth,  coal  and  iron  in  abundance.  All  WC 
want  is  facilities  for  manufacturing,  and  roads  to  market. 


THE  CONVENTION  OF  ALABAMA.  HI  1 

But  the  gentlemen  are  mistaken  in  the  law  to  which  they  have 
referred. 

The  positions  taken  by  the  gentlemen  from  Monroe  and  Mobile, 
that  there  is  no  protection  to  private  property  under  the  law,  as 
construed  by  the  courts,  is  certainly  without  foundation.  The 
gentleman  from  Monroe  says,  the  Legislature  might  say  that  my 
house  shall  be  yours,  and  that  my  horse  shall  be  another  man's. 
The  gentlemen  have  not  properly  read  the  existing  law.  In  the 
case  of  Dorman  vs.  the  State,  ild  Alabama,  the  Court  say  that 
private  property  shall  not  be  taken,  except  by  due  course  of  laio ; 
and  the  Court  sa}Ts,  due  course  of  law  is  equivalent  to  a  judicial 
trial,  and  not  a  legislative  enactment.  The  same  principle  is  re- 
cognized in  the  case  of  Sadler  vs.  Langhoru,  34  Ala.  Then,  sir,  the 
Legislature  cannot  transfer  my  property  to  another  person,  by  a 
simple  legislatiVi  enactment)  but  only  by  a  jury  trial,  or,  at  most,  by 
a,  trial  at  common  law. 


DEBATE  ON  THE  PUBLIC  LANDS. 

Upon  a  motion  made  by  Mr.  Jewctt,  to  reconsider  the  vote  by 
which  the  Public  Lands  in  the  State  were  fixed  at  a  price  depen- 
dent upon  tlif  Length  of  time  they  had  been  in  market. 

Mi;.  .Ikwktt  said: 

I  have  been  absent  lor  a  short  time  from  the  Convention,  am. 
■  luring  that  absence,  a  very  important  matter  has  been  under  cor- 
e  Lderation. 

Your  attention  lias  been  occupied  with  a  discussion  of  the  price 
at  which  the  Public  Lands  of  the  State  shall  be  offered  to  pur 
chasers,  at  private  sale.  This  is,  in  fact,  the  most  important  que* 
tion  arising  under  this  Ordinance;  for  unless  you  establish  a  pro- 
per basis  fur  the  disposal  of  these  Lands,  the)  will  become  ji 
plague,  instead  of  a  benefit  to  the  State.  Too  low  a  price  will 
throw  large,  bodies  of  tin;  Lands  into  the  hands  of  capitalists,  am. 

speculators.  wIki  will  purchase  and  hold  them  from  market  until 
their  increased  value  will  cause  them  to  he  again  offered  for  sale, 
at  greatly  enhanced  prices ;  and  too  high  a  price  fixed  upon  them 
wili  effectually  prevent  any  sales  by  the  State — whereas  its  true 
policy  undoubtedly  i>.  to  dispose  of  the  entire  body  of  vai 

lands  a!  an  early  'hi\  . 

The  interest  of  the  State  will  not  besubservedby  its  eontinuinr 


U2  HISTORY    AND    DKBATSfl    09 

ccupy  the  position  of  proprietor  of  lands that  can  only  become 
valuable  by  actual  cultivation  and  improvement.  Its  true  object 
-hi'iild  be  to  invito  immigration,  and  dispose  of  the  fee  simple  to 
di  Mich  lands  as  will  meet  "with  demand  from' actual  occupants 
md  cultivators.  So  soon  as  the  tide  of  immigration  sets  towards 
my  portion  of  the  State,  its  lands  immediately  come  into  market, 
it  matters  not  how  long  previously  thereto  they  may  have  been 
offered  for  sale  without  finding  purchasi  fS, 

I  find  that  a  vote  has  already  been  taken,  in  which  a  price  has 
been  fixed,  dependent  upon  the.  length  of  the  time  the  lands  have 
been,  or  may  be  in  market,  and  subject  to  private  entry  under  the 
Laws  of  the  United  States,  and  of  this  Stale. 

It  is  my  design,  to  show  the  Convention  that  the  result  of  this 
course  will  be  unfortunate,  not  to  say  disastrous  to  the  State. 
Large  bodies  of  Public  bauds  lie  in  the  Southern  and  Mid  die 'por- 
tions of  the  State,  and  [understand,  also  in  the  mountainous  parts 
of  North  Alabama,  that  have  been  in  market  a  long  time.     These 
ands   are  not  valueless  ;  they   have  not  been  sought  for  because 
hey  were  remote,  from  navigable  streams  and  Railroad  conveni- 
B;  they  are  valuable  for  the  timber  upon  them — tin- the  mines 
of  coal,  iron,  and  other  minerals  they  contain,  and  for  the  depos- 
te  ol'massable  limestone,  and  Other  valuable   building  materials 
bo  be  found  upon  them.     These  lands,  I  say,  only  require  to  be 
brought  into  notice  by  the  construction  of  Railroads  in  their  neigh 
borhoods,  and  they    are  daily  increasing   in  importance,    from  the 
Internal  Improvement  policy,  which  appears  to  have  become  a 
fixed  idea  at  last  in  our  State. 

In  my  own  section  of  the  State,  there  are  large  tracts  of  vacant. 

land,  well  timbered,  but  otherwise  of  small  value,  that  will  be  cer- 
tain to  become  saleable  when  penetrated  by  Railroad.  These  lands 

rill,  before  long,  be  ifl  demand,  and  will  Very  readily  Bell,  in  the 
neighborhood  of  Railroads,  for  the  largest  price  fixed  upon  our 
Public  Lands,  in  this  Ordinance.  But,  these  have,  many  of  them, 
been  offered  for  sale  since  181'.),  and  at.  the  price  which  this  Sec- 
tion as  amended  fixes,  will  be  offered  for  sale  at  twenty-five  cents 
per  acre.  The  inevitable  result  of  which,  will  be  to  cause  large 
tntries  of  such  lands  by  capitalists — their  withdrawal  from  mar- 
ket for  many  years,  and  a  consequent  injury  to  those  portions  of 
the  State  in  which  they  lie.     It  will  always  be  ascertained  before 

he  location  of  the  route  of  any  Railroad,  where  they  are  to  run, 
with  sufficient  certainty  to  enable  speculators  to  enter  the  most 
valuable,  sections  of  land  contiguous  to  its  line,  and  any  one  con- 
versant with  such  matters,  must  readily    perceive  how  the  low 

nice  fixed  upon  these  lands,  will  operate  upon  the  interests  of  the 


THE  CONVENTION  OF  ALABAMA.  313 

State.  For  these  reasons,  Mr.  Chairman,  I  move  to  reconsider 
the  vote  by  which  the  price  bf  the  Public  Lands  has  been  fixed, 
at  double  the  graduated  price  established  in  Section  twenty-nine 
of  this  Ordinance. 

On  his  proposition  to  cede  the  Public  Lands  in  Alabama  to  the 
Confederate  States, 

Mr.  Clakke,  of  Marengo,  said: 

I  shall  vote  for  the  substitute  just  read,  because  I  believe  justice 
to  our  sisters  of  the  Confederate  States,  and  the  Interest  of  the 
people  >if  Alabama,  require  its  adoption.  The Ordraanoe  offered, 
concedes  the  title  of  Alabama  to  the  Public  Lands  within  her  lim- 
its. She  acquired  that  title  when  she  resumed  all  of  her  rights  of 
sovereignty  ;  but  that  the  States  forming  the  United  States  have 
equitable  rights  in  this  property,  she  has  already  admitted  by  ex- 
pressing her  willingness  to  account  for  the  same,  on  a  settlement 
with  the  United  States,  if  any  such  is  ever  made. 

It  cannot  be  doubted,  that  prior  to  the  secession  of  Alabama, 
every  State  in  the  Union  had  the  same  interest  that  she  had  to  the 
Public  Lands  within  her  borders.  These  lands  had  been  ceded  to 
the  United  States  Government  in  trust  for  the  States.  If  this  be 
so,  has  this  interest  been  forfeited  ?  We  say  to  the  United  States: 
if  you  will  settle  fairly  with  us,  we  will  account  to  you  for  your 
share  of  this  property.  Why  do  we  make  this  proposition  ?  Be- 
cause we  feel  that  it  is  just  and  honest,  that  we  should  do  so;  as 
each  of  the  States  forming  the  United  States,  had  as  much  inter- 
est in  those  lands  as  we  had,  and  if  we  refuse  to  pay  for  such  in- 
-t,  it  is  because  they  withhold  from  us  our  interest  in  proper- 
ty which  is  equal  to  theirs.  We  act  on  the  same  principle  that  a 
parly  at  law  docs,  in  setting  up  his  set-off. 

But,  sir,  that  principle  will  not  apply  to  our  associates  in  sc- 
session.  They  withhold  no  right  we  had  to  any  property  within 
their  borders,  as  far  as  I  am  advised;  if  so,  we  do  not  complain 
of  it.  Then,  sir,  why  should  we  deprive  them  of  their  lights  in  this 
property1?  Suppose  Georgia  and  South  Carolina,  or  either  of 
t.hein,  were  to  say  to  Alabama:  we  had  the  same  right  to  your 
Public  Lands  before1;  you  seceded,  that :  you  had,  and  we  demand 
our  share — we  are  willing  to  account  to  you  for  your  interest  in 
any  property  within  our  borders.  Could  Alabama  refuse  it,  un- 
less she  was  willing  to  commence  her  political  life  anew,  bj  re 
fusing  to  her  sisters  what,  she  was  willing  to  concede  to  a  hostile 
stranger? 


-".11  HISTORY     AM)    DKI1ATKS     Of 

But,  sir,  the  Slates  forming  the  Confederate  States,  have  not 
<>nl\  the  right  to  an  equal  participation  in  this  property,  growing 
out  of  their  former  title,  but  pur  title  is  to  In-  perfected  b)  then  ; 
either  through  the  influence  of  the  Confederate  States  as  a  nation. 
or  by  the  power  of  her  armies  <>n  the  field  of  battle.  Then,  sir.  if 
the  equitable  rights  of  our  sisters  are  equal  to  ours  in  this  pro 
perty,  and  they  have  perfected  our  title  thereto,  common  justiot 
requires  that  it  should  be  the  common  property  of  all.  Bin 
leaving  out  the  moral  obligation  which  we  should  rigidly  observe, 

the  interest  of  our  people  requires  that  We  shall  turn  over  this 
property  to  the  <  'onfederate  States.  If  the  1  baited  States  and  the 
( lonfederate  States,  have  a  peacejul  adjust  menl  of  the  matters  now 
in  controversy  between  them,  each  will  have  to  account  tor  tin 
property  they  possess,  in  which  both  are  jointly  interested.  If 
the  Confederate   States  have   the  possession  of  the    Public  Lands. 

the  whole  matter  can  be  settled  without  embarrassment.     Then 
will  lie  no  danger  of  this  property   being  wasted  in  grants  n 
schemes  of  Internal  Improvement,  as  our  Constitution  wisely  pio 
hibits  such  appropriations.     If  on  the  other  hand,  Alabama  ap- 
propriates it  to  her  own  use.  we  shall  see  our  Legislatures  beset  b\ 
Railroad  Companies,  and  other  corporations  and  societies,  clam 
oring  for  grants   and  donations,  and   in  a  short  time   all  of  the 
lands  of  any  value  will  be  squandered  away.      Experience  teaches 
us  that  my  prediction  will  be  fulfilled.  Then,  sir,,  if  in  a  treaty  l>. 
tween  the  Confederate  States  and  the  United  States,  we  are  re- 
quired to  account  for  these  lauds,  we  must  resort   to  taxation  t< 
redeem  our  pledge  and  discharge  our  duty.     It' we  are  never  call- 
ed on  to  settle  with  the  United  State's  for  the  value  of  these  lands. 
I  venture  the  prediction,  thai   we  shall  be,  some  day  hence,  by 
Georgia  or  South  Carolina,  if  the  lands  arc  worth  anything;  and 
we  shall  be  compelled,  for  reasons  I  have  before  stated,  to  recog- 
nize their  rights,  and  respond  to  such  call ;  and  then  our  people 
will  be  taxed  to  ivplaee  that  which  has  been  recklessly  wasted. 

If  the  lands  are  worth  nothing,  then  our  State  should  not  be 
burdened  with  their  management  and  disposition;  they  ought  to 
liea  fund  for  the  oommon  benefit  of  all  the.  Confederate  States. 

I  believe  the  passage  of  this  Ordinance  will  relieve  our  Federal 
Government  of  embarrassment,  and  the  people  of  our  State  Iron, 
heavy  burdens;  and  will  remove  a  cause  which  may  be  a  source 
of  discord  and  contention  between  the  States  of  our  Confederacy 
and  the  State,  of  Alabama. 

[Mr.  Morgan  replied  to  Mr.  Clarke,  after  which  Mr.  Clarke 
proceeded :] 


THE  CONVENTION  OF  ALABAMA.  3l5 

I  have  but  little  to  say  in  reply  to  the  gentleman  from  Dallas, 
as  he  has  not  attempted  to  controvert  the  soundness  of  the  rea- 
sons advanced  in  support  of  the  substitute. 

The  gentleman  says,  Texas  is  unwilling  to  surrender  her  lands 
— which  I  think  probable,  as  none  of  the  Confederate  States,  ex- 
cepting herself,  can  pretend  that  they  ever  had  any  interest  in  a 
foot  of  her  soil.  When  Texas  was  annexed  to  the  United  States, 
she  retained  all  of  her  lands,  and  in  any  settlement  hereafter  to 
be  had  with  the  United  States,  I  apprehend  it  will  not  be  con- 
tended that  she  will  have  to  aooount  for  property  in  which  the 
other  States,  or  the  1  nlted  Stales  Government,  never  pretended 
to  have  any  interest. 

'lhe  gentleman  next  cites  Florida,  whether  on  reliable  authority 
or  not.  1  am  not  advised.  If,  however,  it  be  true  that  Florida  es- 
chews the  rights  of  her  sisters  in  her  lands,  it  does  not  prove,  that 
she  is  acting  justly,  or  that  they  will  not  some  time  hence  demand 
a  settlement  and  accountability  of  their  interest;  and  we  cannot 
be  justified  by  her  unjust  and  unwise  course.  It  is  the  duty  of 
the  seceded  States  to  cultivate  the  most  kindly  relations,  and  it 
would  be  the  part  of  wisdom  to  set  Florida  a  good  example,  with 
the  hope  that  she  may  repair  her  error. 

The  gentleman  says,  the  Confederate  States  have  no  interest  in 
our  lands,  and  whilst  it  would  be  generous  in  us  to  give  away  our 
property,  honesty  does  not  require  it:  and  in  the  same  breath, 
says,  honesty  requires  us  to  account  to  the  United  States  for  the 
value  of  the  lauds,  if  we  ever  enter  into  a  settlement  with  that 
Government,  of  the  matters  in  dispute.  I  must  confess  I  cannot 
understand  on  what  principle)  or  by  what  process  of  reasoning, 
he  has  attained  his  conclusion, 

If  honesty  requires  us  to  account  to  the  United  States  for  these 
lands,  it  is  because  each  State  forming  the  Union  was  equally  in 
terested  in  t his  property ,  which  the  gentleman  is  willing  to  admit. 
Then,  it  is  conceded  that  the  seceding  States  had  every  right  that 
the  States  remaining  in  the  Union  had,  and  I  cannot  see  how  those 
separating  from  us  can  retain  their  righto,  whilst  those  acting  and 
uniting  their  destinies  with  us,  lose  theirs.  It  may  be  safer  to 
gratify  our  avarice  at  the  expense  of  friends  who  would  submit 
rather  than  expose  us — a  degree  of  forbearance  we  might  not  re- 
ceive from  01 1 1-  North  mi  brethren. 

The  Ordinance  to  dispose  of  the  Public  Lands  being  under  con- 
sideration, 


3IG  1I1STOKV     AM)     DKHATF.S     OF 

Mr.  JsWETT  sail] : 

I  have  been  surprised  to  hear  two  or  three  members  of  the 
Convention  propose  to  turn  over  to  the  action  of  the  Legislature, 

which  will  not  be  iii  session  for  nearly  a  year  in  come,  all  matters 
embraced  in  the  Ordinance,  reported  by  the  Committe  on  Public 

Lands;  and  still,  more  surprised  to  hear  assigned,  as  a  reason  Tor 
such  Course)  that  we  arc  not  sufficiently  informed  upon  the  sul>- 
ject  to  act  with  prudence  and  safety  at  the  present  time. 

It  certainly  argues  a  want  of  information  upon  the  questions 

involved,  and  particularly  shows  an  ignorance,  mi  their  part,  of 
the  scope  and  design  of  the  Ordinance  now  under  consideration. 
But  1  am  at  a  loss  to  discern  how  they  can  charge  this  body  with 
such  want  of  knowledge  as  is  requisite  to  dispose  of  the  Public 
Lands  which  have  now  become  the  property  of  the  State;  an  1  am 
very  far  from  being  convinced  that  the  Legislature  is  a  more  com- 
petent body  than  our  Convention,  to  do  all  that  is  necessary  in 
the  premises. 

To  show  you  how  injudicious  it  will  be  to  refuse  to  consider 
tin-  <  Ordinance  reported,  and  adopt,  in  lieu  thereof,  the  crude  prop- 
ositions ol"  gentlemen,  I  need  but  call  your  attention  to  the 
manner  in  which  one  of  them  proposes  to  meet  such  difficulties  as 
are  apparent  upon  a  single  glance  at  his  plan.  He  merely  pro- 
poses that  we  shall  rcenact  the  laws  of  the  United  States  formerly 
in  favor  in  this  State,  in  regard  to  the  disposal  of  the  public  lands. 
Ami  when  it  is  suggested  that  the  condition  of  affairs  is  materially 
altered  by  such  changes  as  have  grown  out  of  secession;  and  that 
there  is  no  officer  in  the  State  upon  whom  we.  can  devolve  the 
duties  of  supervising  and  regulating  the  many  matters  constantly 
occurring  in  the  different  Land  Offices,  he  proposes,  without  a 
moment's  hesitation,  to  invest  the  Governor  of  the  State  with 
the  same  ppWCF  as  was  previously  vested  in  the  President  of  the 
United  States  in  that  respect,  when  it  must  be  known  to  every 
man  conversant  with  the  laws  of  the  United  Slates,  that  the  Pre- 
sident had  the  most  insignificant  duties  to  perform  in  respect  to 
the  Public  Lands — his  signature  to  all  the  patents  for  land  being 
affixed  by  a  private  Secretary,  and  his  power  t<>  review  and  pass 
upon  the  decisions  of  the  Commissioner  of  Public  Lands  and  the 
Secretary  of  the  Interior  being  merely  appellate.  I  repeat,  that 
I  am  surprised  to  see  so  grave  a  question  as  the  disposal  of  the 
public  domain,  embracing  several  millions  of  acres  pf  land,  at- 
tempted to  be  settled  here  by  the  passage  of  three  or  four  Reso- 
lutions, or  the  adoption  of  an  Ordinance  of  some  half  a  dozen 
sections. 


THE  CONVENTION  OF  ALABAMA.  317 

The  entire  question  involved  in  the  repeal  of  the  Ordinance  of 
1819,  which  ceded  the  waste  and  unappropriated  lands  of  the  State 
to  the  United  States  Government — and  our  State's  future  policy  in 
regard  to  such  lauds,  has  been  before  tin1  Special  Committee  ap- 
pointed at  the  former  meeting  of  this  ('(invention,  to  consider 
these  matters,  and  they  have  engaged  the  earnest  and  careful  at- 
tention of  tlie  Committee.  After  considering  these  questions  in 
all  their  bearings,  and  the  propriety  of  pursuing  a  line  <>f  policy 
similar  to  that  which  induced  the  Stale  to  cede  all  its  vacant 
lands  to  the  United  States  Government,  when  it  entered  the  old 
Federal  Union,  the.  Committee  have  come  to  the  unanimous  con- 
clusion to  recommend  a  different  policy,  and  to  advise  the  State 
to  retain  the  I'ublic  Lauds  for  its  own  use,  and  to  dispose  of  them 
under  its  own  laws  and  regulations.  They  have  accordingly  re- 
ported the  Ordinance  now  under  consideration,  which  establishes 
a  Department  of  Public  Lands,  appoints  officers  to  carry  into 
effect  the  laws  and  regulations  for  the  sale  of  the  lands,  fixes  the 
prices  and  establishes  the  mode  of  selling  the  lands.  It  further 
confers  privileges  upon  actual  settlers  and  the  occupants  of  neigh- 
boring farms,  and  establishes  preemption  rights  ;  following,  in 
these  respects,  the  laws  of  the  United  States,  which  obtained  pre- 
vious to  our  withdrawal  from  the  Union.  There  are,  also,  some 
general  provisions  for  the  correction  of  mistakes  by  purchasers 
and  hmd  officers,  and  certain  regulations  to  prevent  fraud  and 
favoritism. 

These  matters,  as  I  have  said  before,  have  been  carefully  pre- 
pared, and  are  entitled  now  to  the  attention  of  this  body,  com- 
mensurate with  their  importance. 

The  Ordinance-  makes  no  disposal  by  grant  or  otherwise  of  the 
lands  themselves,  or  the  proceeds  arising  from  their  sale,  to  any 
Kail  road,  or  for  any  purpose  of  education  or  otherwise  ;  and  so 
tar  as  remarks  have  been  made  in  this  debate  upon  the  impolicy 
of  diverting  the  public,  lands,  or  the  proceeds  of  their  sale,  from 
revenue  purposes,  they  are  wholly  foreign  to  the  true  issues  under 
consideration, 

This  Ordinance,  as  I  have  previously  remarked,  merely  pro- 
poses to  supply  such  laws  as  are  requisite  to  enable  the  State  to 
■ell  its  vacant,  hands,  in  place  of  those  laws  ot'  the  United  States 
previously  in    force,  and  repealed  by  the  Ordinance  of  Secession. 

To  have  our  Land  Offices  closed,  and  all  the  lands  wit  hhcld 
from  market  until  the  Legislature  Can  meet  and  enact  laws  for 
their  eiitn  and  sale,  will  greatly  em  harass  our  citizens,  and  hin- 
der the  settlement  of  many  portions  of  the  State,  in  which  lands 
are  now  sought  for  improvement  and  cultivation.     This  Ordinance 


.'US  BfSTOftY    AM)    DKDATE8    OF 

has  i  ired    W  ith  a   \  n  \\  of  esl  t   for  the 

disposal  of  the  vacant  lands  of  the  Stab  .  tnilar  to  thai 

■11  under  the  United  States  *  loi  i  rnment,  for  a  like  pur- 
and  which  has  been  found  to  operate  well,  both  to  the  eiti- 
/cii  who  desired  to  purchase,  and  to  the  G        i  mem  which  ocoo* 
pied  the  position  of  proprietor  of  the  land. 

There  are  features  in  this  Ordinance,  as  reported  under  the 
instructions  of  a  majority  of  the  Committee,  which  do  n<  I  meet 
n  ith  the  approval  of  every  member,  and  some  of  which,  I  am  tree 
bo  sayj  are  objectionable  to  me  ;  such,  for  instance,  as  the  <  Btab- 
lishiiHiit  of  County  Land  Offices,  under  the  charge  of  the  Ju< 
of  Probate,  for  the  sale  of  the  Public  Lands.  These  feato 
however,  it'  equally  objectionable  to  the  majority  of  the  Conven- 
tion, may  be  easily  corrected,  and  the  Committee  expected  that. 
in  many  respects,  the  Convention  would  make  alterations  and  ad- 
ditions to  the  Ordinance;  but  it  is  urged,  mosl  earnestly,  that  do 
reason  exists  for  rejecting  the  whole  Ordinance,  and  particularly 
those  parts  which  are  satisfactory  to  the  Convention,  because 
other  parts  ma^  not  meet  with  like  favor. 

I  suggest,  that  the  whole  subjeel  be  taken  up  in  a  Committee 
of  the  Whole;  that  we  entertain  all  motions  for  amendment; 
debate  fully  all  suggested  alterations;  and  I  have  no  doubt  we 
shall  be  able,  without  the  consumption  of  much  time,  to  eml  i 
in  this  Ordinance  as  safe  and  prudent  regulations  for  the  disposal 
of  the  lands  of  the.  state,  as  an\  fotu  uld  enact 

upon  the  subject. 

Mi;.  \\  iiai  i  i.»    said  : 

Mr.  President  -The  gentleman  from  Marengo  [Mr.  Clarke] 
denies  our  right  to  the  Public  Land  within  the  State,  in  this  1 
disagree  with  him.  I  contend  that  we  have  not  only  the  equita- 
ble right,  but  the  legal  light  to  these  Ian. Is.  How  did  these 
lands  originate,  and  who  was  originally  the  owner  of  the  Bame  1 
These  lands  were  ceded  l>\  the  State  ,,1'  Georgia,  l>\  the  Articles 
men!  of  24th  April,  180%  What  was  the  object  of  tile 
cession  ?  '  me  of  the  objects  of  the  cession  was  to  create  a  com- 
mon-fund t'"i- the  I  nited  State-,  for  the  defence  of  the  Stat.-. 
That  object  bat  now  ceased  ;  we  no  longer  ask  the  United  States 
for  defense  or  protection;  we  have  taken  our  defense  into  our 
own  hands.  "The  reason  ceasing,  the  law  itself  ceases."  The 
United  State,  not  being  required  to  afford  protection,  the  funds 
provided  for  that  parpese  should  not  remain  vested  in  the  I  nited 
Stab 


THE  CONVENTION  OF  ALABAMA.  319 

MY.  President,  another  and  more  important  object  of  the  068 
sion  by  Georgia]  as  stated  in  the  5th  Section  of  the  Articles  of 
Cession  in  1802,  is  to  "  form  a  State,  to  be  admitted  as  such  into 
the  Union,"  on  an  equal  footing  with  the  other  States.  Now,  sir, 
I  contend  that  a*!  soon  as  Alabama  assembled  in  Tluntsville,  in 
1810,  in  her  sovereign  capacity,  she  then  assumed  her  sovereign- 
ty and  right  of  eminent  domain.  She  was  then  clothed  with  the 
legal  title  to  these  lands,  and  fiduciary  trust  of  the  United  States 
was  discharged.  The  Government  lias  impliedly  admitted  our 
right  to  these  lands,  when  Alabama  was  admitted  into  the  Union. 
The  United  States  required  that  Alabama  u should  forever  disclaim 
all  right  and  title  to  the  waste  and  unappropriated  land  lying 
within  the  territory  of  Alabama.7'  If  the  State  did  not  own  the 
lands  by  virtue  of  her  sovereignty,  why  did  the  United  Slates 
require  the  State  to  disclaim  and  cede  all  her  rights  to  these 
lands  ? 

Certainly  our  right  is  clear  to  these  lauds.  We  have  retired 
from  the  partnership  on  account  of  the  violation  of  the  articles 
of  that  partnership.  AN  e  have  a  right  to  hold  the  assets  in  our 
possession  until  the  account  is  settled.  Sir,  we  do  not  tear  that. 
iccount — we  have  much  less  than  our  full  share. 

The  Confederate  States  have  not  requested  us  to  transfer  these 
lands  to  them  ;  and  have  we  any  assurance  that  other  States  in- 
tend to  transfer  their  lands'/ 

It  is  said,  it'  we  take  these  lands  we  shall  have  to  pay  an  exor- 
bitant price  for  them — the  price  which  the  Government  asks  for 
the  same.  This  is  not  the  law,  sir.  In  no  case  are  we  liable  for 
more  than  the  reasonable  value  of  said  lands,  however  touch  the 
Government  may  charge  for  them.  [Ainsworth  vs.  Patillo,  1 ."» 
Ala.  Reports.]  Then,  sir,  if  we  have  to  pay  for  them,  it  will 
only  be  what  they  bring  in  market — what  is  received  by  the  State. 

Mn.   \Vatt.s  said  : 

.)//-.  President—]  do  not  propose,  at  this  late  day  ot  the  Con- 
ention,  to  enter  into  as  extended  discussion  of  this  important 
and  complicated  subject.  I  %\ish  simply  to  make  some  ml 
'ions  in  the  way  of  argument,  to  show  that  the  amendment  of  the 
gentleman  from  Marengo,  [Mr.  Clarke,]  should  not  be  adopted  : 
Uld  to  show  why  the  amendment  which  1  shall  offer  ought  to  be 
tdopted. 

'\"tf  prop  -  tion  of  the  gentleman  from  Marengo  is  to  rctU-  all 
the  Public  Lands  within  Alabama,  to  the  Confederate  States  of 
\mcrica.      In  his  reply  to  the  gentleman  from  Dallas.  [Mr.  Mor- 


iiisToky     1ND    DKBATKfl    0* 

mn  ]  he  baa  said  that  there  is  doubt  as  to  Alabam  1'a  title  to  th. 
[*ubli(    I  within  her  borders.     It*  his  icnt  be  true, 

liis  proposition  ought  not  to  be  adopted.     His  prop 

tssertion  that   Alabama  lias  no  title.     Ala- 
i  certainly  cannot,  an  1  ought  not  tb  convey  a  title  t>>  a  t: 
which  sin-  doee  not  own.     I  have  no  doubt  that  tne  effect 
b&ma's  Secession,  and  the  establishment  of  her  ind<-pcndenc< 
the  United  Btates  of  America;  invest  her,  according  to   settled 
principle's  of   international   law.  with  the  title   to  all   the  la 
within  her  border.     I  will  not  the  argument  to 

show  this. 

But,  sir.  we  ought  not,  in  ray  judgment,  to  c 
the  <  Jonfederate  >:  at  a.  ■  -.  by  th  ■  ( !on, 

federate  States  is  in  do  itial  or  important   to  th 

,,t  th       States.     If  wo  look   to  the   past   history   <>t*  tin-   I  h 

iching  this  we  cannot  fail  to  discover,  from   \a- 

rious   reports  made  to   Congress,  that  as  a  source  of  revenue, 
the  Public  Lands  have  never  oeen  of  service  to  the  United  Si 

The  coste  of  purchaa ■  other  acquisition,  have  far  exceeded,  in 

dollars  a  the  amount  ever  received  from   them   into  the 

iry. 
The  advantage  arising  from  the publio domain  lias  not  consist.'.! 
in  money  ;  but  in  furtihishing  homesteads  for  families,  incn 
and  stability  of  population,  and  in  all  the  progress  and  wealth 
which  Bpring  from  the  cultivation  of  the  sou,  and  in  the  content 
incut  and  happiness,  and  patriotic  impulses  which  cluster  around 
fixed  habitation  and  permanent  fu.mes.  ^<»  fully  was  it  shown,  in 
the  Congress  of  the  United  States,  that  the  Public  Lands  were 
worthless  as  a  source  of  revenue,  and  that  the)  served  but 
the  fruitful  fountain  <>t"  dishonest  combinations  and  "log  rolling" 
nfiea  of  corruption,  that,  as  long  ago  as  fifteen  years,  th< 
greal  Carolina  Senator,  with  the  ken  of  a  prophet,  and  the  wis- 
dom !  .  proposed,  that  the  whole  should  be  relinquished 
to  the  control  and  ownership  of  the  States  in  which  they  were  lo- 
cated. VVe  shall  be  unwise  it"  we  remain  urttaughl  by  the  histor) 
of  the  past. 

I  have  an  amendment,  which  I  Bhall  offer  at  the  proper  time, 
which  declares  thai  these  Public  Lands  belong  to  Alabama ;  that 
th  v  shall  be  under  the  control  and  subject  t<>  tin-  disposition  of 
tho  General   Assembly,  to  be  appropriated   to  three  specific  pur- 
:  :  One-fourth  to  citizens  of  Alabama,  headsof  families, 
tute  of  lands;  and  that  the  remainder  shall   be  approprii 
to  the  pufposesof  Education  and  Internal  Improvements. 
I  will  read  the  amendment,  which  I  pro;. use  to  oiler: 


THE  CONVENTION  OF  ALARAMA.  321 

Be  it  further  ordained.  That  the  General  Assembly  shall  ap 
propriate  one-fourth  of  the  Publio  I, amis,  now  unsold,  and  unap 
propriated,  under  rules  to  be  prescribed  by  the  General  Assem 
bly,  to  citizens  of  this  State,  beads  of  families  destitute  of  home- 
steads; and  the  remainder  to  the  purposes  of  Education  and  In- 
ternal Improvements. 

Here,  Mr.  President,  are  three  great  purposes  to  be  accom- 
plished :  The  first  looks  to  the  stability  of  our  population,  and 
encourages  that  manly  independence  which  animates  the  heart  of 
him  who  has  a  spot  of  earth  he  can  call  his  own;  that  love  of 
country,  which  has  its  root  at  the  hearth-Stones,  and  happy  homes 
of  the  bttmble,  yet  independent  tiller  of  the  soil.  Iladl  the  time, 
I  could  show  by  the  light  which  issues  from  two  thousand  years  of 
the  world's  history,  that  the  beginning  of  civilization,  in  every 
age  ami  every  country,  has  been  coeval  icith  the  cultivation  of  the 
soil;  that  from  the  seeming  curse  imposed  on  man,  by  the  Al- 
mighty :  "  In  the  sweat  of  thy  face  shall  thou  eat  bread  !"  has 
grown  the  greatest  temporal  blessings  ever  conferred  on  our  race. 
\i:d  we  all  know,  that  in  times  of  war,  we  look  with  confidence, 
fbf  the  defence  of  our  liberty  and  honor,  to  the  soldiers  who  come 
from  the  hills  and  valleys  of  the  land,  with  hearts  full  of  the 
thoughts  of  home  and  the  holy  memories  of  ihc  jirend' . 

The  first  object  to  lie  acccotnplished  by  my  amendment  needs 
but  to  b  ■  named  to  meet  the  approval  of  the  Convention, 

The  second  is  Education. 

This  needs  from  me  no  lengthened  comments  on  the  benefits  of 
education.  In  a  Government  whose  basis  is  the  people,  it  needs 
no  argument,  to  show,  that  the  wisdom  of  its  administration,  its 
power,  prosperity  and  progress,  depend  on  the  intelligence  and 
virtue  of  its  citizens.  We  are  admonished  by  the  advancing  civ- 
ilization of  the  age,  and  by  the  love  we  bear  to  republican  in- 
stitutions to   spread    broad-cast,  the   light   of  knowledge  through 

our  land.     Our  own  State  Constitution,  adopted,  forty  years  since. 

declares  that  "  schools  and  the  means  of  education  shall  forever 
he  encouraged  in  this  State. v  The  means  heretofore  adopted  have 
fallen  far  snort  of  fulfilling  the  purposes ;  audit'  these  public  lands 
ota  thus  be  appropriated,  they  will  furnish  the  means  of  equalizing 
and  making  sure  and  steadfast  the  benefits  intended  to  be  con- 
ferred by  our  past  compacts  and  legislation.  The  inequalities 
in  the  distribution  of  the  funds  heretofore  devoted  to  education 
can  then  he  avoided,  and  the  whole  harmonized  into<a  Common 
School  System,  through  which  every  child  in  the  State  may  have 
education  as  free  as  the  air  he  breathes 
The  third  object  t"  he  accomplished  i-  Internal  Improvemei  U 
•J  I 


33S  1IIMOKY     AND    DKliATKs    OF 

I  kimw  t lint  it  is  fashionable  with  certain  gentlemen  to  decry 
internal  Improvements.  Opposition  to  such  improvements  by  the 
old  Federal  Government,  has  been  so  long  the  watch  cry  <>t'  patty, 
that  many  people  confound  them  with  improvements  within  each 
e  by  its  own  Legislature.  Two  things  could  not  be  mure  <  1  i t '- 
f'erent  than  the  powers  of  a  State,  and  those  of  the  Federal 
Government.  The  latter  has  no  powers  except  those  del- 
egated in  its  Constitution  ;  whilst,  by  the  terms  of  almost 
every  State  Constitution,  the  Legislative  power  extends  to  all 
proper  subjects  of  Legislation,  restrained  alone  by  its  own,  or  the 
Federal  Constitution.  The  geographical  situation  of*  Alabama 
requires  as  a  part  of  a  wise  policy  some  encouragement  to  a  system 
of  Internal  Improvements.  North  and  South  Alabama  are  sepa- 
rated by  mountain  barriers,  such  as  to  make  us  almost  two  sepa- 
rate and  distinct  people.  This  should  not  be  so.  Along  these 
mountains  and  valleys  cannot  be  found  the  wealth  to  aid  in  the 
instruction  of  such  improvements  as  will  make  the  people  of 
Alabama  otn  people.  This  can  only  be  done  by  the  aid  and  en- 
couragement which  the  whole  people  as  represented  in  the  (J<n- 
eral  Assembly,  can  give  to  a  particular  part,  for  the  great  good  of 
the  whole  State.  It  is  now  within  the  power  of  this  Convention, 
without  expense  to  the  people,  to  do  what  every  Alabaman  who 
loves  his  State  earnestly  desires  to  be  done.  Our  whole  people 
■  i  i  become  a  homogeous  and  united  people;  the  North  and  the 
South,  the  East  and  the  West,  identified  in  interest,  in  purpose, 
and  in  destiny. 

The  fact  that  you  have,  in  the  Amendments  to  our  Constitu- 
tion, restricted  the  power  of  the  General  Assembly,  makes  the 
more  necessary  the  adoption  of  the  policy  1  urge.  That  which 
has  made  our  Mother  (icurgia,  the  Empire  State  of  the  South, 
may  double  the  population,  the  wealth  and  power  of  Alabama. 
Let  us  not  turn  over  these  Public  Lands  to  our  Legislature  to  be- 
come the  prolific  source  of  log-rolling  squabbles,  and  party  combi- 
nations and  speculations.  ]>ut  let  us  now  fix  the  purposes  to  which 
they  shall  be  appropriated.  The  purposes  to  which  I  propose  to 
devote  them,  form  the  pillars  of  the  greatness  of  every  civilized 
people  :  permanent,  honest,  and  fixed  population,  intellectual  wealth) 
and  commercial  power,  constitute  the  glory  and  the  grandeur  of  a 
Republican  State. 


THE  CONVENTION  OF  ALABAMA.  323 

THE  RATIFICATION  OF  THE  PERMANENT  CONSTI- 
TUTION. 

The  Permanent  Constitution  was  submitted  tp  the  Convention 

on  the  12th  March. 

Mr.  Jemison  offered  a  Resolution,  providing  that  the  Perma- 
nent Constitution  be  submitted  tor  ratification  or  rejection,  tp  a 
Convention  of  the  people,  to  be  hereafter  elected. 

Mb.  Jemibon  said  : 

.)//•.  Pri's/ilcn(—\  think  (his  is  the  plan  which  we  ought  now  to 
pursue.  Tiic  question  is  a  grave  one.  ami  surrounded  with  main 
difficulties.  It  must  be  admitted,  that  when  we  were  elected  to 
this  Convention,  it  was  not  contemplated,  either  by  us  or  by  the 
people,  that  we  should  be  called  upon  to  ratify  a  New  and  Perma- 
nent Constitution.  It  is  true,  that  the  language  used  in  the  Joint 
Resolutions  of  the  General  Assembly,  authorising  this  ( Jonvention, 
maybe  construed  so  as  to  embrace  in  its  meaning  this  power; 

and  Indeed,  every  conceivable  power  ;  but  we  should  look  not  only 

to  the  intention  of  the  Legislature  at  the  time,  and  to  the  reasons 

that  induced  them  to  act.  I  nit  we  should  look  carefully  to  the  pre- 
sent state  of  the  public  mind.  So  far  as  I  am  individually  con- 
cerned, I  have  no  great  preference  for  the  plan  that  I  propose,  and 
1  am  moved  to  it  by  the  respect  that  1  have  for  the  people,  as  well 
as  by  what   I   conceive   to  he   my  duty    to   them.      I    do  not  wish 

thus  to  avoid  the  responsibility  of  a  direct  vot. the  ratification 

hero,  for  I  should  have  no  hesitation  whatever  to  vote  for  the 
ratification  now. 

Thai  there  is  great  dissatisfaction  prevailing  in  .  bme  sections  of 
the  State  now.  in  reference  to  our  acts  heretofore,  there  is  no 
doubt  :  and  we  must  recollect  too.  that  this  dissatisfaction,  to 
some  extent,  at  Irasi.  is  owing   to  the  fact,   that  the   <  >rdinaiice  of 

Secession  was  not  submitted  to  the  people.     We  should  have  res 

pact  tor  their  scruples  and  wishes.  And  I  can  conceive  of'  no 
more  ellectiial  way  of  satisfying  the  people  now,  than  by  submit- 
ting  to  them   this  Constitution  for  ratification.     I  would  have  no 

fear  of  the  result. 

There  is  no  pretext  now  in  the  way  of  this  course.      We  canuof 

plead  the  want  ot' time,  nor  the  necessity  of  hasty  or  rapid  move 

meats.  And,  in  my  Opinion,  unless  \ve  have  hitter  reasons  for 
immediate  ratification  hanS,  and   at  onoe,  a  ratios*]  on  our   part  to 


#24  HISTORY     AND    DEBATES    OF 

submit  it    (<>  the  people,  or  to  their  newly    elected    Del<  g 
will  greatly  increase  the  dissatisfaction.     So  far  as  I  am  Concern- 
ed. I  endorse  the  Constitution  fully,  and   am  prepared  to  vote  for 
tification. 

Mi:.  Hkookp,  the  President.  [Mk.  Wkbb  in  the  Chair.]  said  : 

There  ean  lie  no  use  in  the  course  sugg<  .-ted  by  the  gentleman 
from  Tuscaloosa;  no  necessity  for  it  —  it  will  he  a  mere  waste  of' 
time. 

[Mr.  Brooks  was  proceeding  with  his  remarks,  when  Mr.  Mor- 
gan asked  and  obtained  leave tooffer  a  substitute.] 

Ma.  Watts  : 

There  is  no  earthly  use  in  the  amendment  offered  by  the  gen- 
tleman from  Dallas.  [Mr.  Morgan.]  as  will  he  seen  by  reference 
to  the  Preamble  to  the  Constitution.  The  Constitution  provides 
that  only  the  seceded  Slates  ean  ratify. 

Mr.  Mokgan  : 

I  wish  to  adapt  our  language1  to  the  plain  eomprehension  of  the 
people,  so  that  there  should  be  no  misunderstanding.  If  we  rati- 
fy, and  the  other  States  do  not.  we  will  then  have  two  Constitu- 
tions. 

Mr.  Watts  : 

I  low  call  that  be.  when  the  Constitution  provides  that  it  must 
be  ratified  by  live  States.   In-fore  it   is    binding? 

.Mil  Mokgan: 

Explained  further  his  position,  and  made  some  general  ob- 
servations in  favor  of  the  policy  of  ratification  by  this  Conven- 
tion, at   once.      The  people   would   never   ratify  by  a   direct    Mite. 

This  doctrine  of  a  direct  vote  of  the  people  on  ratification,  was 
absurd  and  odious.  A  reference  would  give  rise  to  many  dis- 
tracting questions.  The  African  Slave  Trade  question  would  be 
brought  in;  the  question  of  Reconstruction,  with  all  its  agitating 
features,  would  be  brought  in;  and  many  other  questions  of  suf- 
ficient abstract  merit  to  excite  the  people  and  arouse  opposition, 
but  o|  no  useful  importance.  Our  fathers  never  would  have  rati- 
fied the  Old  Constitution  by  a  direct  vote. 


w 

THE  CONVENTION  OF  ALABAMA.  325 

Mr.  Dargan  said  : 

Mr.  President — It  ought  to  be  gratifying  to  us,  who  are  friend  I\ 
to  this  Constitution,  to  hear  such  unanimous  expressions  of  praise 
bestowed  upon  it.  It  meets  with  general  approbation  here — we 
have  heard  no  objection  urged  against  it.  If  it  is  so  perfect  that 
the  Representatives  cordially  endorse  it,  this  argues  that  it  will 
receive  the  approval  of  the  citizens.  Then,  why  not  adopt  here, 
and  at  once,  that  which  we  know  will  be  approved  by  OUT  con- 
stituents I  If  we  have  the  legal  right  and  power  to  adopt  and 
ratify  it,  and  this,  no  one  seems  seriously  to  deny,  why  postpone 
action  ?  The.  relations  we  hear  to  our  constituents  authorize  us, 
in  matters  of  great  delicacy  like  this,  to  take  upon  ourselves  the 
responsibility  of  action. 

I  have  thought  that  war  would  be  inevitable  ;  that  our  redemp- 
tion would  have  to  be  worked  out  by  war.  This  may  be,  or  ma\ 
not  be.  From  present  indications,  there  are  some  hopes  of  Peaoe. 
But  whether  we  are  to  have  Peace  Or  War,  all  must  admit  that 
our  success  must  greatly  depend  upon  unity  of  action,  and  the 
earnestness  with  which  we  push  our  measures. 

It  is  proposed  to  have  a  new  set  of  Delegates  to  ratify  this 
Constitution.  That  would  be  unwise,  for  new  Delegates  would  be 
harrassed  with  new  questions  and  new  issues.  If  you  look  to  the 
dissatisfaction  that  is  said  to  prevail,  you  see  it  is,  to  some  extent, 
confined  by  geographical  limits.  The  adversaries  of  secession, 
will  seize  the  occasion  of  a  new  election  to  introduce  the  deal  met- 
ing elements  of  reconstruction,  and  other  kindred  questions. 
Such  efforts,  if  earnestly  made,  would  produce  the  most  unhappy 
state  of  public  feeling;  leading,  probably,  even  to  war  and  blood- 
shed. If  we  arc  now  of  one  mind,  let  us  seize  the  golden  oppor- 
tunity, for  we  have  in  our  grasp  peace,  prosperity,  and  security. 
Let  us  ratify  this  Constitution,  and  close  the  subject  at  once. 

Mr.  Kimball  said  : 

Mr.  President — The  refusal  to  send  the  Permanent  Constitu- 
tion of  this  Confederation  to  the  people  of  the  state  of  Alabama. 
for  their  endorsement  or  rejection,  is  to  my   mind  unfair  and 

illiberal.      Have  the  people  of  the  State  <»f  Alabama  no  rights  as 

a  sovereign  community?     Now,  sir,  it  is  my  purpose  to  *dte  for 

the  Constitution,  and  in  doing  so,  I  desire  that  I  may  be  placed 
in  a  condition  to  justify  myself,  the  Constitution,  and  the  action 
of  a  majority  of  this  Convention.  Will  the  Convention  refuse  the 
consummation  of  so  desirable  an  object?     Is  the  Convention  de- 


:;•_'(".  HISTORY     \M>    DKBATKfl    OF 

iiicl  to  fetter  us  hand  and  fool  and  Bend  us  home,  unprepared 
to  defend  and  justify  the  action  here  .' 

In  the  bo!  haste  to  adopt  the  Ordinance,  <>n  the  ground  that 
Alabama  should  secede  before  Lincoln's  inauguration, 
now  exist.  Time  is  now  no  special  consideration;  we  have  full 
time  to  conferand  deliberate.  Scud  us  home  prepared  to  defi  nd 
vi ii ir  net imi  on  the  subject  of  this  Constitution,  and  I  am  satisfied 
that  we  will  be  enabled  to  satisfy,  and  to  reconcile  the  people. 
This  Convention  must  be  apprized,  thai  we  are  pledged  by  our 
people,  to  refer  the  action  ofthis  Convention  to  them,  for  their 
rejection  <>r  endorsement.  Thai  the  people  of  the  State  should  be 
united,  is  certainly  desired  by  this  Convention  and  the  country. 
In  the  results  of  the  old  Government  priginated  the  idea  of  seces- 
sion/ on  the  ground  that  the  Government,  under  the  old  Constitu- 
tion, was  a  failure.  This  induced  the  State  Convention  to  adopt 
the  Ordinance  of  Secession,  to  create  a  new  Government  and  a 
new  Constitution,  based  on  the  old  one.  Now.  Mr.  President, in 
the  formation  of  a  Permanent  Government,  the  term  would  imply 
strength  and  durability.  If  so;  it' t  lie  old  Government  so  formed, 
was  a  failure,  where  is  the  additional  guarantee  that  this  one 
is  not  also  ;i  failure?  Is  this  Btrpnger  than  the  older  one?  This 
Government  claimed  the  right  of  separate  State  secession,  and  by 
that  process,  dissolved  the  old  one;  then  here  is  the  precedent, 
and  any  State  of  this  new  Government  may.  with  a  less  reason, 
destroy  the  pr<  si  nl  at  pleasure. 

Then.  Mr.   President,  the  gentleman  from  Mobile,  [Mr.  Dar 
_ran.  ]  saj  s.  not  a  member  of  this  Convention  has  objections  to  the 
new    Constitution.     I  do  assure  the  gentleman,  that  I  have ;   but 
thej  are  Dot  insuperable;  and  it  is  my  intention  to  vote  for  the 
I  institution. 

Mb.  ('i.auki:,  of  Laurence,  said  : 

Mr.  President — Shall  the  Constitution  of  the  Confederate  States 
of  America  lie  submitted  to  the  people,  for  their  ratification  or 
rejection  t  In  other  language,  shall  the  people  govern  them- 
selves ?  What  a  singular  interrogatory  to  be  propounded,  in  a  de- 
liberative  assembly  of  the  l'.Kh  Century!  [f  a  similar  question 
had  heen  asked  in  t lie  bloody  days  when  Kobespicrre  murdered,  it 
would  have  excited  little  surprise;  but,  sir,  that  the  delegates  of  a 
people,  whose  freedom  is  their  proudest  boast,  should  even  enter- 
tain a  question  ofthis  character,  is  a  political  phenomenon — a  sig- 
nificant paradox.  Sir,  are  mildew  and  decay  about  to  fall  upon 
the  principles  established  by  the  conflicts  and   consecrated  by  the 


THE  CONVENTION  OF  ALABAMA.  327 

blood  of  the  revolution  ?  Is  the  great  fundamental  law  of  all 
free  governments,  about  to  be  repealed?  Has  experience  demon- 
strated that  the  patriotic  people  of  Alabama  are  incapable  of 
self-government?  Has  the  mere  act  of  secession  wrought  such  a 
wonderful  change  in  their  capacity  ?  Is  it  possible  that  such 
things  shall  be  u  and  overcome  us  like  a  summer  cloud  without 
our  special  wonder?"  The  solemn  matter  for  the  arbitrament  of 
this  Convention,  is  not  what  degree  of  responsibility  each  delegate 
is  willing  to  assume.  The  self-complacent  and  defiant  air  with 
which  members  flippantly  declare  that  it  is  our  duty  to  lead,  and 
not  to  follow  the  people,  is  a  specious  argunu  ntum  ad  homimim  ad- 
dressed to  personal  vanity,  and  can  only  affect  those  who  are  afflict- 
ed with  this  most  contemptible  of  human  frailties.  If  considera- 
tions of  individual  responsibility  alone  were  involved,  I  would 
dare  as  much  as  any  other  member  in  the  right  direction.  The 
true  question  is,  how  far  is  this  Convention  willing  to  aggress 
upon  the  clearly  defined  rights  of  the  people  !  Sir,  the  refusal  to 
refer  the  Constitution  to  the  people,  whom  it  is  to  govern,  for  their 
ratification  or  rejection  is  a  bold,  unauthorized  and  dangerous  ad- 
vance in  the  wrong  direction,  and  can  only  be  justified  by  the  rea- 
sons which  tyrants  have  always  quoted  in  defence  of  their  usur- 
pations. I  am  not  willing,  at  least,  without  the  excuse  of  some 
overruling  necessity,  to  assume  the  responsibility  of  doing  wrong. 
We  assembled  here  for  the  patriotic  purpose  of  protecting,  and  not 
of  infringing,  popular  rights.  To  establish  more  firmly  the  great 
principles  of  civil  liberty,  and  not  to  subvert  them — to  preserve, 
and  not  to  abolish,  the  land-marks  of  our  fathers.  That  this  Con- 
vention does  not  possess  the  unlimited  power,  asserted  by  thoge 
who  are  opposed  to  the  reference^  is  perfectly  manifest.  Th  e 
p  ainest  principles  of  construction,  when  applied  to  the  warrant  o: 
our  commission,  sufficiently  demonstrate  the  truth  of  this  proposi- 
tion. "  We  are  convinced,"  in  the  language  of  the  resolutions  of 
the  General  Assembly  of  the  State,  passed  at  the  session  of  L85&- 
60,  "to  consider,  determine  and  do  whatever  in  our  opinion,  the 
rights,  interests  and  honor  of  the  State  requires  to  be  done,"  on 
account  of  the  election  of  a  Black  Republican  President  to  the 
Chief  Magistracy  of  the  Federal  Union.  The  power  hereby  con- 
ferred creates  nothing  more  than  a  gem  ral  agency  for  a  special  pur- 
pose. In  consonance  with  the  mandate  of  these  resolutions  the 
Convention  determined  on  the  11th  day  of  January,  ultimo,  that 
the  "  rights,  interests  and  honor"  of  the  State  required  that  the 
Ordinance  of  Secession  should  be  passed,  and  acted  in  harmony 
with  that  decision. 

Now,  sir,  it  is  a  correct  principle  of  construction  that  whenever 


328  HISTORY    AND    DKHATES    OF 

■jl  power  is  expressly  granted,  all  others  of  an  auxiliary  character 
which  are  necessary  to  make  it  effective  pass  by  implication.  It 
follows,  therefore,  as  a  legitimate  consequence,  that  whatever  inci- 
dental acts  are  made  necessary  by  the  principal  one  of  secession, 
this  Convention  ought  to  perform.  Baying  withdrawn  Alabama 
from  her  connection  with  the  old  Government,  whatever  Ordi- 
nances are  necessary  to  adjust  the  State  t.>  her  new  politiotl 
statu.-  should  be  enacted,  and  no  more.  When  this  much  is  |e- 
complished,  the  members  of  this  body  ought,  modestly,  to  consider 
themselves  functions  officio,  If  they  assume  to  do  more,  their  acts 
will  wholly  transcend  the  letter  and  spirit  of  their  authority,  and 
only  be  successfully  defended  upon  the  hypothesis  of  the  existence 
of  some  such  overpowering  necessity  U  wonld  itself  justify  an  ac- 
tual usurpation  of  power.  Mo  such  necessity  exists.  The  pow- 
ers of  the  Provisional  Government  are  ample  for  the  protection  of 
the  State,  its  citizens  and  their  property,  at  least  during  the  short 
time  which  would  be  requisite  to  enable  the  people  to  elect  fresh 
delegates  to  another  Convention.  Sir,  the  latitudinous  construc- 
tion given  to  our  Letter  of  Attorney,  by  those  who  seem  so  fond  of 
the  exercise  of  a  "  little  brief  authority,"  would  be  infinitely 
amusing  if  it  were  not  so  utterly  absurd.  Whatever  they  have 
resolved  upon,  they  find  no  difficulty  in  discovering  power  to  au- 
thorise. As  often  as  their  commissson  is  doubtful  or  obscure, 
their  construction  invariably  results  in  an  enlargement  of  their 
powers;  and  when  their  facile  construction  fails  to  give  the  power 
which  they  desire  to  exercise,  they  take  it  any  how.  When  they 
are  told  of  their  usurpations,  they  politely  reply,  in  courtly  eu- 
phemism, "  we  are  only  assuming  the  responsibility."  They  for- 
cibly remind  one  of  the  three  celebrated  interpreters  of  their  fa- 
ther's will  in  the  Tale  of  the  Tub:  When  the  most  ingenious 
and  artful  construction  had  been  resorted  to  in  vain  to  find  a  war- 
rant for  their  desires,  they  very  wiaefy  added  a  codicil  of  their  own 
invention. 

But,  sir,  I  am  indisposed  to  argue  a  proposition  so  perfectly 
plain  and  simple.  Grant,  ex  gratia  arffumenti,  that  this  Convention 
does  possess  the  power  to  ratify  the  Constitution — are  there  no 
reisous  of  expediency  which  render  it  highly  impolitic  and  unsafe 
to  exercise  it?  The  political  mind  of  the  State  is  already  much 
agitated  and  aggrieved — the  times  are  troublous  and  revolutionary 
— in  some  sections  the  people  are  mad  and  discontented — the 
Southern  Confederacy  only  inaugurated — the  experiment  incom- 
plete and  the  fate  of  the  Government  by  no  means  determined. 
The  policy  of  this  Convention  should  be  to  appease  and  not  to  inflame 
— to  allay  and  not  to  foment  popular  excitement;  and,  if  possible, 


THE  CONVENTION  OF  ALABAMA.  329 

to  extinguish  the  latent  fires  that  smoulder  amid  the  ruins  of  the 
old  Government.  Not  only  are  the  people  expecting,  but  they  are 
earnestly  desiring,  that  the  Constitution  shall  be  referred.  This 
is  not  the.  peculiar  wish  of  any  one  party — it  is  the  common  de- 
mand of  all.  The  people,  submissive  to  rule,  as  this  body  seems  to 
think,  know  their  rights,  and  will  insist  upon  their  assertion.  ]t 
is  quite  easy  to  incur  their  displeasure — but  to  assuage  it,  "  hoc  opus 
hie  labor  est."  The  uiau  who,  voluntarily  and  without  the  shadow 
of  an  excuse,  not  only  spurns  their  will,  but  violates  a  great  prin- 
ple  of  enlightened  government  to  do  so,  will  be  held  to  a  rigid 
accountability.  By  all  means  the  Constitution  should  be  sub- 
mitted to  the  people  for  their  own  examination  and  stftdy.  Let 
its  principles  be  well  canvassed,  and  its  provisions  thoroughly  un- 
derstood— then,  if  the  people  shall  ratify  it,  the  Government  will 
rest  upon  a  solid  and  durable  foundation.  Its  permanency  will  be 
insured.  The  people,  if  they  ratify  it,  will  love  it  and  submit  to 
it  cheerfully,  because  it  will  then  be  the  Government  of  their  own 
selection.  But,  sir,  if  you  impose  it  upon  them,  what  assurance 
have  you  that  it  will  survive  the  first  wave  of  popular  indignation  ? 
Why,  sir,  if  every  word  of  this  Constitution  smacked  of  inspira- 
tion itself,  and  had  been  promulged  amid  the  lightnings  and  thun- 
ders of  ;i  modern  Sinai,  it  could  not  be  expected  to  outlive  the  rage 
of  a  disfranchised  people.  Let  it  be  understood  that  the  great 
right  of  man  to  govern  himself,  is  in  danger;  is  to  be  overthrown, 
aud  once  more  the  armor  of  Liberty  will  glitter  upon  a  thousand 
sun-lit  hills ;  again  the  songs  of  the  free  and  the  watchwords  of 
the  brave  will  echo  through  our  valleys,  and  the  masses,  rising  in 
the  majestic  grandeur  of  a  popular  upheaval,  like  the  great  globe 
when  shaken  by  the  throes  of  an  earthquake,  will  topple  this  Con- 
stitution from  the  purple  heights  of  its  imperial  despotism.  The 
provisions  of  the  Constitution  itself,  will  not  be  considered.  The 
people  will  regard  its  ratification  by  this  Convention  as  conclusive 
testimony  that  their  rights  have  been  outraged.  The  refusal  to 
refer,  therefore,  involves  an  experiment  hazardous  in  the  extreme 
and  eminently  foolish,  because  it  is  wholly  unnecessary  to  be  made. 
This  Government,  sir,  like  the  old,  must  be  founded  upon  the  con- 
sent of  those  who  are  to  live  under  it.  A  Government  erected 
upon  any  other  basis  cannot,  in  the  nature  of  things,  be  otherwise 
than  ephemeral,  and  of  right  ought  not  to  be.  The  history  of  all 
such  is  graphically  written  in  the  fate  of  Iturbidc — one  day  illus- 
trious, the  next  fallen.  A  people  so  long  accustomed  to  the  usa- 
ges of  free  institutions,  will  hesitate  much  before  they  surrender 
their  inherent  right  of  self-government.  If  the  Constitution  is  a 
good  one — which  I  by  no  means  deny — the  highest  motives  of  pa- 
triotic duty  would  require  its  ratification,  and  there  is  no  doubt 


BISTORT    AMD    DBBATBS    OF 

tliut  to  intelligeal  people  would  do  it.  It",  on  the  contrary,  the 
Constitution  is  :i  bad  one,  no  sane  man  will  dare  10  Bay  that  it 
ought  to  be  ratilicd.  Whether  it  is  «_r« >•  ><  1  <>r  bad,  therefore,  the 
most  powerful  reasons  demand  its  refi  n 

There  is  no  necessity  for  the  immediate  ratification  of  the  Con- 
Btitntioo ;  aad  moreover,  Bach  telegraphic  celerity  and  indecent 
haste  are  wholly  inconsistent  with  the  solemn  importance  of  the 
Bubjeot  and  t be  grave  conaeqnences  which  are  to  follow  the  act. 
When  delegates  deliberated  calmly,  States  were  Blowto  ratify  per- 
manent Constitutions.  The  States  of  Rhode  island  and  North 
Carolina  were  engaged  f<ir  marly  two  years  in  considering  the  ohl 
Constitution,  before  their  final  action  upon  it.  The  strength, 
power  ami  resources  of  the  Provisional  Government  render  haste 
not  only  unnecessary,  bnl  absolutely  inexcusable.  IT  there  is  no 
necessity  fur  immediate  action,  in  the  absence  of  all  other  rea- 
oourtesy  to  those  who  have  deputed  us  hither,  and  a 
proper  respect  for  their  opinions,  imperatively  demand  that  the 
Constitution  shall  he  submitted  to  them.  Life,  liberty  and  prop- 
erty, are  considerations  of  no  ordinary  character,  and  are  regarded 
by  the    people    with  the  liveliest  jealousy  and    the  most  watchful 

attention.     The  Government  designed  for  the  protection  of  these 

i_rrave  interests  ought  to  be  established  only  after  the  fn 
tion,  the  fullest  discussion,  and  the  calmest  deliberation. 

Many  other  reasons  of  an  equally  cogent  character  connected 
with  the  history  of  this  Convention  ami  its  proceedings,  power- 
fully persuade  us  to  pursue  the  most  libera]  policy,  aad  to  sub- 
mil  the  ( Constitution  to  the  people. 

The  Convention  itself  was  called  in  a  very  irregular,  if  not  in 
an  unauthorized  manner.  The  usual  course,  and  the  one  adopted 
by  other  Southern  Stated,  of  first  submitting  the  question  "  I 
volition  or  no  Convention?"  was  cavalierly  ignored, and  the  Gov- 
ernor peremptorily  required  to  call  a  Convention  without  consult- 
ing the  popular  will.  The  nexl  palpable  contempt  for  public 
opinion  manifested  in  the  unique  proceedings  of  this  body,  was 
its  flat  refusal  t<>  vri'vr  the  Ordinance  of  Secession  to  the  people. 
The  wiser  and  more  republican  policy  of  other  seceding  States. 
was  expressly  repudiated.  Thus,  the  poor  privilege  of  even  ex- 
pressing their  opinion  of  an  act  which  destroyed  a  Government 

sacred    in    the    estimation    of  many,    was    superciliously     denied. 

Whether  these  acts  are  invasions  of  the  fundamental  principles 
of  self-government,  it  is  immaterial  to  inquire.  Whether  the;, 
are  real  or  imaginary  injuries  is  wholly  unimportant — the  peo 

pie  entertain  their  own  opinions  upon  these  subjects,  and  will  no 
doubt  express  them,  and    that,  too,   in  a  Very    emphatic   manner. 


THE  CONVENTION  OF  ALABAMA.  331 

whenever  an  opportune  occasion  is  presented.  If,  in  addition  to 
all  of  these  just  grounds  of  complaint,  another  insult  is  to  be 
offered  to  popular  intelligence  and  sovereign  right;  if,  as  the 
crowning  act  of  aggression,  and  last  scene  in  the  drama  of  usur- 
pation, the  greal  principle  of  all/Wr  government,  that  the  people 
have  the  right  to  frame  the  system  of  government  under  which 
we  live,  is  to  lie  rudely  assailed  and  recklessly  subverted  by  an 
inconsiderate,  unjustifiable  and  inexcusable  refusal  to  refer  die  Con- 
stitution to  them,  what  opinions  will  the  people  of  the  State  form 
of  this  Convention?  By  what  name  will  history  characterize  it  .' 
How  shall  posterity  regard  it?  It  will  be  a  by-word  and  re- 
proach wherever  the  name  of  Civil  Liberty  is  respected.  If  this 
policy  is  adopted,  the  arrogant  declaration  that  the  Convention  is 
omnipotent,  will  indeed  assume  an  air  of  fearful  portent.  Om- 
nipotent !  But  whether  for  good  or  evil,  is  a  question  of  momen- 
tous interest.  Little,  alas,  did  the  bright-plumed  genius  of  Civil 
Liberty,  when  she  winged  her  flight  from  the  royal  oppressions 
and  monkish  persecutions  of  the  Old  World  to  build  her  gorgeous 
palace  on  the  flowering  wilds  of  the  new,  dream  that  she  would 
meet  her  doom  by  the  assassin's  knife,  and  find  a  grave  in  t  lie 
home  of  her  adoption  ! 

It  is  no  answer  to  these  arguments  to  affirm  that  the  failure  of 
the  Convention  to  ratify  the  Constitution  will  impair  the  credit 
of  the  Confederate  States.  Broken,  Shylocks  and  money-inon- 
gera  are  an  astute  class  of  speculators,  and  will  need  no  prompter 
to  inform  them  wfro  ratified  the  Constitution,  No  shrewder  men 
can  be  found,  and  no  one  knows  better  that  if  the  ratification  of 
the  Constitution  by  the  Convention  is  a  practical  invasion  of  the 
well-recognized  principles  of  republican  Government,  that  so  far 
from  augmenting,  it  would  materially  diminish  the  credit  of  the 
Government.  The  argument  that  a  reference  to  the  people  will 
result  in  unfortunate  divisions  among  them,  is  not  entitled  to  tin1 
smallest  share  of  respect.  Temporary  dissatisfactions  among  a 
people  are  prevented  at  grave  expense,  when  the  great  principles 
of  free  government  are  the  juice.  The  only  other  reason  as- 
signed tor  the  immediate  ratification  of  the  Constitution  is,  that 
.1  second  Convention  would  necessarily  entail  considerable  public 
expense.  Ye  gods!  Barter  the  liberties  of  a  people  for  paltry 
pelt'.'  Enslave  a  Stats  to  protect  its  Treasury'.''  Cautiously 
protect  the  pecuniary  interests  of  a  people,  while  you  coollj  de- 
prive, them  of  their  rights  I  An  <  Higarohy  with  its  heel  upon  the 
neck  of  Liberty  speculating  aboul  economy  !  Without  intending 
any  disrespect  for  the  gentlemen  who  offer  it.  I  entertain  f<*r  this 
argument  no  other  feeling  than  that  of  the  profoundesf  contempt. 


882  BBTOBT     AM)    HKItATES    or 

Much  more  might  be  said,  Mr.  President,  but  I  torbear.  These 
considerations  are  sufficient  to  convince  me  that  it  i-^  a  high  dutj 
which  we  owe  our  constituency  to  refer  the  Constitution  to  thetn 
for  ratification  or  rejection.  Without  expressing  any  opinion 
concerning  the  merits  of  the  Constitution,  I  shall  vote  against  it 
exclusively  upon  the  ground  thai  I  am  unwilling  to  depart  from 
republican  usages  and  the  time-honored  land-marks  of  ;i  tree  peo- 
ple. I  am  not  disposed  to  decide  ;i  question  for  my  constituency 
which  I  think  it  is  their  clear  right  to  decide  for  themselves.  1 
am  acting  in  obedience  t>>  a  great  principle.  No  remonstrai 
persuasion  or  reproach  can  make  me  depart  from  it.  \\  itli  it  l 
am  willing  to  "survive  or  perish."  1  came  here  the  representa- 
tive of  a  free  people,  and  so  help  me  <  rod,  1  will  return  as  I  came. 
I  hope,  sir,  the  Constitution  will  be  referred. 

Mr.  Stonk  said  : 

Mr.  President — The  reasons  assigned  by  gentlemen  in  favor  ol 
submitting  this  Constitution  for  ratification  to  another  Convention, 
only  confirms  me  in  the  opinion  that  it  would  be  unwise  to  adopt 

that  course.  What,  sir,  would  he  the  condition  of  things  in  Ala- 
bama, it'  new  elections  were  now  ordered  '.'  The  remarks  of  gen- 
tlemen show,  beyond  a  doubt,  that  angry  aud  bitter  discussions 
would  result  from  another  contest,  in  this  State,  for  delegates. 
The  public  mind  would  again  become  agitated  ;  new  divisions 
would  spring  up  among  our  people.  The  most  aetive  efforts  would 
be  made  by  ambitious  partisans  to  inspire  distrust  and  dis.-atisfac- 
fion  with  the  political  action  of  our  State.  Our  divisions  would 
be  exposed  and  magnified  in  the  face  of  our  enemies;  our  friends, 
both  at  home  and  abroad,  would  despair  of  ever  seeing  us  a  united 
people;  and  all  this,  sir,  at  a  time  when  union,  harmony,  brotherly 

reeling,  and  concerted  action  among  ourselves,  are  so  much  needed 

to  secure  the  great  objects  6f  the  Southern  movement.  Sir,  1 
desire  to  see  no  fountain  of  bitterness  now  opened  up  among  the 
people  of  the  State.  The  old  antagonisms  that  have  grown  out  of 
discussions  of  the  questions  in  past  contests,  instead  of  being  re- 
vived among  us,  should  be  buried  forever.  But,  Mr.  President, 
we  arc  told  that  the  people  should  be  consulted,  with  reference  to 
the  Constitution  which  is  to  be  adopted  for  their  Government 
Sir,  they  have  been  consulted.  Everywhere,  they  have  declared 
their  unalterable  attachment  to  the  principles  of  the  Constitution 
of  the  United  States.  The  Constitution  of  the  Confederate 
States,  which  we  propose  now  to  ratify,  is  substantially  the  same 
instrument  as  the  Constitution   of  the  late   United   States,  under 


THE  CONVENTION  OF  ALABAMA.  333 

which  we  have  lived  so  long.  No  change  in  the  system  has  been 
introduced.  Amendments,  it  is  true,  have  been  made;  but  they 
are  such  as  our  experience  has  demonstrated  to  be  eminently  wise, 
and  such  as  must  meet  the  cordial  approval  of  every  Southern 
man.  Sir,  it  is  no  new  system  of  Government  that  we  propose  to 
adopt.  We  are  entering  upon  no  untried  experiment.  Wi  arc 
organizing  a  Government  upon  principles  which  our  people  have 
approved  for  the  last  seventy  years.  Secession  arose  from  no  hos- 
tility to  the  Constitution,  but  from  the  fact  that  the  Constitution 
was  annulled  by  a  sectional  majority.  The  triumph  of  a  Higher 
Law  party,  pledged  to  the  destruction  of  our  Constitutional  Rights, 
forced  us  to  dissolve  our  political  connection  witli  hostile  States, 
and  to  organize  with  those  who,  in  good  faith,  would  execute  the 
Constitution.  Rather  than  give  up  the  principles  of  the  Consti- 
tution, the  Southern  States  have  giveu  up  the  Union.  And  yet, 
sir,  we  are  told  that  we  must  call  another  Convention,  to  see 
whether  the  people  approve  these  principles  or  not ! 

It  is  objected,  further,  Mr.  President,  that  this  Body  has  no 
authority  to  ratify  the  Constitution,  and  that  we  were  not  elected 
for  such  a  purpose.  If  that  be  true,  sir,  it  is  decisive  of  the 
question;  for  we  should  exercise  no  authority  which  has  not  been 
delegated  to  us.  Rut  to  determine  this  question  of  authority,  we 
must  refer  to  the  Joint  Resolutions  or  1860,  under  which  this 
Convention  was  called.  The  Resolutions  required  the  Governor 
to  call  a  Convention  of  the  people  of  the  State,  upon  the  election 
of  a  Rlack  Republican  President,  to  "  consider,  determine,  and  do 
whatever,  in  the  opinion  of  said  Convention,  the  rights,  interests 
and  honor  of  the  State  of  Alabama  require  to  be  done,  for  their 
protection."  This,  sir,  is  the  charter  from  which  we  derive  our 
authority,  and  which  clothes  us  with  full  power  to  act.  This 
Convention  is  not  only  authorized  to  ratify  the  Constitution,  if  in 
our  opinion  "the  rights,  interests  and  honor"  of  the  State  of  Ala- 
bama require  its  ratification,  but  it  is  our  duty  to  do  so.  What  is 
our  present  condition  ?  With  six  of  our  Southern  sisters,  we  have 
led  from  the  United  States,  and   |];ive  established  a    Provii- 

ional  Government  for  our  protection,     Our  independei his  not 

yet'  been  recognised.  The  Government  at  Washington  is  in  the 
possession  of  a  Rlaek  Republican  President,  hostile  to  our (>  rights 
ami  interests;'1  and  the  inaugural  Address,  just  delivered,  is  a 
declaration  of  war  against  our  State.  We  are  notified  bjf  the 
highest  authority)  thai  tin-  /ores  necessary  to  hold  the  public  pro- 
perty within  tin'  jurisdiction  of  our  State,  and  to  oolleot  the  du- 
ties on  imports,  will  he  med  against  our  people.  The  Government 
at  Washington,  yet  strong  and  thoroughly  organised,  has  its  army. 


HISTOtn      \M>    DEBATES    OF 

its  navy,  and  itn  treasury.     Its  credit  is  well  established      It  en- 
the  most  friendly  relations  with  foreign  p&m  ra.     It  is  now  in 
a  hostile  attitude  bo  oar  State,  and  do  one  oaa  say  how  Boon  a 

UaioD  "I'  arms  may  occur.      Sir,    we   have    tin  time  for  delay j   ITS 

must  prepare}  and  ao  prepaiatioii  will  be  bo  certain  to  bring 

and  triumph  to  our  cans.-,  ai  the  establishment  of  a  perman- 
ent, effioient  ami  well-organized  Government     Such  a  Govern- 
ment would  he  more  powerful   in   war,  ami  more  pereuasivi 
peace.     Sir.  the  necessities  <>f  the  times  require  that  the  Con 
crate  States  should  adopt,  without  delay,  a  real,  substantial  G 
eminent — one  armed  with  all   the   power  to   resist    any   shock    to 
which  we  may  he  subjeotad;  a  Government  complete  in  all  its 
part-,  established  upon  an  immovable  basis,  and  possessed  of  all 
the  elements  of  national  strength.     Such  a  Bvstem  will  immedi- 
ately place  the  Confederate  State-  in  the  strongest  possible  posi- 
tion   to    maintain   their   nationality  against    any  force  that  may  he 

brought  against  them. 

Smh  a  Government  will  also  In;  more  certain  to  obtain  the  re- 
cognition of  foreign  powers,  because  it-  stability  will  he  then 
placed  beyond  question,  and  it  will  he  the  surest  guaranty  to  those 
powers  of  the  li.xed  and  irrevocable  determination  of  our  people 

to  maintain  their  independence  at  every  hazard.  It  will  put  to 
flight,  now  and  forever,  all  hopes  id'  Reconstruction,  and  would 
prove  to  the  world  that   our    separation   from    the    North    18  "final, 

com]  lete,  and  perpetual."  Bat  a  mere  temporary,  Provisional 
system,  will  neither  give  us  the  requisite  strength  at  home,  nor 
position  abroad.  Sir,  it  is  important  that  we  should  secure  an 
early  recognition  of  our  independence  in  Europe,  and  that  we 
ihould  negotiate  with  foreign  powen  the  most  liberal  commercial 
treaties.  With  the-,'  power-  our  prosperity  and  peace  are  inti- 
mately concerned.  We  are  their  < ipetitors  neither  in  manufac- 
ture- or  commerce.  We  produce  the  great  staple  which  supports 
their  factories  and  their  commerce,  and  which  furnishes  employ- 
ment to  their  laboring  class.  1.  We  are  the  consumers  of  the  ar 
tides  which  they  desire  to  .-ill.  It  ia  their  interest  to  encourage 
production  ami  consumption  in  our  Stales,  and  to  extend  as  much 

a-  possible  the  freedom  of  trade.     Their  interest,  then,  is  on  the 

Bide  of  peace  ;  and  if  we  would  make  that  interest  still  more  ac- 
tive and  powerful  in  the  preservation  of  peace,  we  should  invite, 
without  delay,  the  most  friendly  commercial  relations.  Let  our 
ministers,  then,  to  whom  these  negotiations  will  he  entrusted,  go 
abroad  endorsed  by  a  I'ennaneut  ( io\ -eminent.  Let  them  appear 
at  the  foreign  courts  as  accredited  representatives  of  a  real  Nation. 

Our  independence  will  then  he  recognised,  and  we  shall  take  the 
place  to  which  we  are  entitled  amon^  the  nations  of  the  earth. 


THE  CONVENTION  OF  ALABAMA.  .'!.">."> 

Again,  sir,  it  may  be  important  for  the  Confederate  States  to 
negotiate,  without  delay,  the  loans  which  may  be  needed  for  our 
defense.  Bonds,  with  the  endorsement  of  a  Permanent  Govern- 
ment, can  be  much  more  readily  disposed  of  to  capitalists,  and 
will  command  much  higher  rates  than  the  bonds  of  a  mere  tem- 
porary or  Provisional  Government.  Money  is  sensitive,  and  deal- 
ers would  prefer  to  invest  where  there,  is  a  solid  and  substantial 
basis.  The  fact  that  we  had  established  no  Permanent  Govern- 
ment, would  be  used  to  impair  our  financial  credit,  and  to  extort 
from  us  the  most  unreasonable  terms.  Let  us,  then,  place  the  finan- 
cial credit  of  our  Confederacy  beyond  suspicion;  and  if  unfor- 
tunately we  should  at  any  time  need  the  "  sinews  of  war,"  they 
may  be  obtained  at  no  sacrifice  of  our  interests. 

But  a  controlling  reason  which  induces  me,  Mr.  President,  to 
favor  a  prompt  ratification  of  this  Constitution,  is,  that  such  a 
course  may  secure  the  early  cooperation  of  the  Border  States. 
They  will  then  see  the  kind  of  Government  the  Confederate 
Slates  have  established.  They  will  see  that  our  Constitution,  in 
express  terms,  recognizes  the  independence  and  sovereignty  of 
each  State — a  doctrine  which  has  ever  been  dear  to  the  people  of 
Virginia  and  Kentucky — but  a  doctrine  which  has  been  denounced 
and  spurned  by  the  Government  over  which  Abraham  Lincoln 
presides.  They  will  see,  further,  that  the  institution  of  Slaver}', 
in  which  they  have  so  deep  an  interest,  is  recognized,  guaranteed 
and  protected,  under  the  provisions  of  our  Constitution;  and  also 
that  the  African  Slave  Trade,  which  they  apprehend  might  be 
reopened,  has  been  expressly  forbidden.  The  bars  and  bolts  and 
licks  with  which  the  Constitution  of  the  Confederate  States  has 
guarded  the  Treasury,  to  insure  a  simple  and  economical  Govern- 
ment, will,  it  seems  to  me,  command  the  universal  approval  of  the 
people  of  the  Border  States.  Under  such  circumstances,  is  it  not 
reasonable  that  those  States,  having  like  interests  and  institutions, 
''bone  of  our  bone  and  flesh  of  our  flesh,"  will  prefer  to  organize 
with  us,  under  a  Government  constructed  for  the  protection  of 
their  property,  rather  than  remain  united  with  Slates  hostile  in 
interests  and  feelings,  and  under  a  policy  which  must  certainly 
result,  sooner  "r  later,  in  the  overthrow  of  their  institutions.  Sir, 
it  is  difficult  to  believe  that  the  Border  States  can  long  hesitate. 
Let  US  BO  act  as  to  deserve  their  confidence.  Let  us  adopt  this 
Constitution  promptly,  and  send  it  out  to  the  penile  -.1'  the  Border 
States,  so  that  tiny  may  see  and  know  the  principles  and  plan  of 
1  .iiv( Tiniient  we  have  finally  adopted,  and  be  induced  to  accept  the 
Government  before  they  beooms  demoralized  by  further  submis- 
sion to  Lincoln's  administration. 


HlsrnkV     AND     KKI1ATKS     OF 

Iii  every  aspect  of  this  question,  it  seems  to  me  1 1 1 » *  "rights,  in- 
terests Mid  honor"  of  the  ] »«■. ipl«*  of  Alabama  >l •  require  (In 
prompt  ratification  oi  this  Constitution.  Sir.it  ||  ..ur  duty  to 
ratify  it:  Mid  if  we  refuse  to  perform  tint  duty,  we  have  nut 
half-finished  the  work  we  wereeleoted  to  perform,  and  disregarded 
tin-  most  solemn  trust  ever  oonfided  to  men.  Why  oall  upon  the 
people,  at  a  heavj  expense,  ami  muoh  delay  and  agitation,  to  < 
delegates  to  another  Convention,  to  assemble  here,  I  lisely 

what  we  were  authorised  and  required  t<>  do.  hut  what  it  i>  pro- 
i  we  shall  leave  undone?  Sir,  1  see  bo  substantial  reason  why 
ire  should  wait  the  tardy  process  of  another  Convention.  It  1- 
oar  duty  to  set  j  and  we  should  be  ready  to  meet  whatever  res* 
ponsibifity  attaches  to  that  action.  Lf  a  restoration  of  harmony 
among  our  people  is  desirable;  if  the  hostile  attitude  assumed  at 
Washington,  is  such  as  to  render  it  prudent  that  all  the  power  of 
the  separated  State  shoul  1  !"•  immediately  consolidated  ;  and  if  it 
be  important  thai  tin'  Government  of  tin'  Confederated  Si 
should  be  placed  upon  a  Bolid  basis,  and  clothed  with  all  the  power- 
and  attributes  of  a  Nation  ;  if  credit  and  standing,  in  the  money- 
markets  of  the  world  is  a  matter  of  consequence  t.i  us  in  our  j 
int  condition  ;  if  confidence  at  home,  and  respect  and  recognition 
abroad,  an-  objects  worthy  of  serious  effort ;  if  tin-  oooperation  of 
the  Border  States  is  sincerely  desired- — then,  sir,  we  can  adopt  no 
course  so  well  calculated  in  secure  these  great  and  paramount  ob- 
jeots,  as  the  immediate  ratification  of  this  Constitution,  whioh  has 
just  been  unanimously  adopted  by  the  Southern  Congress,  and 
whioh  they  have  setit  to  us  for  uur  ratification  and  adoption. 

M  r.   i  -aid  : 

Mr.  /'<■■  tuJent —  Hut  il-w  men  occupy  the  floor  hss  than  1  do, 
and  none  more  reluctantly.  I /do-  one  ol  oh),  I  am  slow  of  speech, 
an  I  withal,  an  exceeding  modest  man.  Perhaps  1  might  say,  dm 
diffidence  and  modesty  are  excessive;     [Laughter.]     lint  I  will 

n-.t  OOOUpy  the  time  ol'  id.,  house  in  apologies,  but  will  say    what 
I  have  lo  say  and  sit  doVI  u. 

If  my  remarks  are  to  some  extent  personal,  it  is  the  necessity 
of  the  ease  and  not  an  egotistic  disposition.  I  seem  to  stand 
here,  in  political  parlance,  alone,  forming  that  patriotic  part} 
which,  for  want  of  a  Letter  name,  I  will  call  the  "Earnest  party,M 
[laughter,]  lost  and  cast  off  by  the  the  Conservative  party. 
■  inly  mi  trial  or  probation  with  the  Secessionists.  But  with  a 
of  rectitude  and  righl  on  my  side  I  shall  open  the 
doors  and    receive    members   into  the   great    Alabama   Church, 


THE  CONVENTION  OF  ALABAMA.  331) 

which  I  soon  want  to  sec  embrace  every  man  and  woman  of  Ala. 
bama,  [laughter,]  from  the  North,  South,  East  and  West,  and  from 
the  rural  districts  of  the  mountains.  I  do  not  propose  to  discuss 
the  merits  of  the  Constitution,  but  will  simply  say  that,  to  me,  it 
Is  objectionable ;  vet.  the  objections  which  1  have  to  it  are  of  a 
personal  character,  and  to  this  generation  will  make  it  more  ac 
ceptahle.  It  conforms  in  every  particular  as  near  the  pattern  as 
could  be.  When  it  deviates  from  the  pattern,  it  is  improved; 
and  if  referred  to  the  people  of  the  seceding  States,  I  have  no  fears 
but  that  it  would  be  approved  by  three  fourths  of  all.  But  to  re 
fer  it  to  the  people  would  lie  an  innovation — a  departure  from  cus- 
tom— without  a  single  precedent  within  my  knowledge,  to  sustain 
the  reference.  It  would  he  productive,  in  my  opinion,  of  orih 
evil  and  no  good.  It  would  be  putting  them  to  the  trouble  and 
expense  of  an  election  which  they  do  not  want. 

The  gentleman  from  Tuscaloosa   [Mr.  Jemison,]  says   that  he 
cannot  find  fault  of  it,  and  if  submitted  to  the  people,  would  advo- 
cate it.     The  gentleman  from  Tallapoosa  [Mr.  Kimball,]  intimates 
that  he  will  vote  for  it,  and  advocate  it.     Now,  if  they  will  in  good 
faith  throw  their  weight  into  the  scale  of  Alabama,  the  Lincoln 
end  of  the  scales  will  jar  the  beam  with  such  force,  that  the  last 
flickering  rays  of  hope  will  become  extinguished,  of  covering  us, 
and  we  will  soon  find  the  Administration  of  the  fragmcntal  Guv 
eminent,  as   named   by  the  gentleman  from  Barbour,  [Mr.  Coch- 
ran,] knocking  at  our  doors  tor  such  commercial  treaties  as  will 
save  that  Government  from  anarchy,  internal  war  and  starvation. 
Then,  if  the  idea  of  reconstruction  is  one  that  still  prompts  them 
to  labor,  let  me  say  to  them.     Present  an  unbroken  front  to  Mr. 
Lincoln's  reign,  and  we  will   soon    be  able  to  get  such  a  compro 
Bl»e  as  we  may  dictate;  one  without  political   disgrace,  not  pro 
posed  to,  but  dictated  by  us.     None  other  could  I  accept.     While 
in  the  Union,  I  would  have  accepted  Mr.  Crittenden's  Resola 
tionsas  a  Compromise.      Hut  I  would  not  dream  of  reconstruction 
on  them  now. 

Mi-.  President,  I  am  digressing  from  the  path  that  I  laid  out 
when  I  got  the  floor. 

While  canvassing  my  county  for  a  seat  in  the  <  invention,  things 

were  different  from  what  they  an  now.      I  was  then  in  favor  of  re 

ferring  the  Ordinance  to  the  people  for  ratification;  ami  if  Ala 
bama  had  been  acting  alone,  that  would  have  been  proper  and 
righl  :  and  if  not  so  referred,  I  should  have  left  the  Convention  and 

gone  home  and  told  my  people  lO  strike  for  liberty;  that  to  delay 
a  >\:i\  was  dangerous.     Hut  before  the  Ordinance  could  have 
submitted,  all  the  Gulf  States  were  out  without  condition.     What 
89 


I  10  HISTORY     AMi    DEBATKS    OF 

then  would  have  been  the  oaie  I  To  rote  against  it  was  to  oul  the 

t  oft  father  <t  brother;  for  how  many  men  in  Alabama  hare 

father  or  brother  in  some  of  the  seceding  States       I   Bay* 

: hcu.  that  tlic  facts  ami  oiroumstancea  hail  entirely  changed,  ami 
lie  who  voted  against  secession  ironld  have  voted  t"  make  war  on 

..ur  Southern  brethren,  in  rarer  of  your  Oppressor,  and  ror  a  Gov- 
ernment once  venerable  ami  great,  but  which  had  dwindled  into  a 
aal  majority  despotism,  leaving  not  of  our  former 

rights  ami   liberty,  while  our  masters  taunt    us  ami   laugh   at  OUT 

hain-.     Now,  if  this  be  tnu — and  can  any  one  deny  it-  truth  ? — 
rould  it  have  been  expedient  t . »  refer  the  Ordinance  hack  to  the 
neople?     Could  they   have  vntr. 1  a  free  ami  antrameled  \ 
Then,  if  it  would  have  bet  n  useless  to  refer  the  Ordinance  to  the 

eople,  with  stronger  reasons  why  refer  tin'  ('institution  of  the 

!onfederaoy — a  thing  the  people  do  doI  want  or  expeot  '.'    1  voted 
against  the  secession  of  Alabama.     But  being  overpowered  ami 

voted  OUt,  1  promised  and  pledged  myself  to gO  With  Alabama,  and 

lin  lnr  in  her  C  Dhie  v.;.-    not  made   by    the   lips  only, 

■  ut  was  made  in  good  faith,  and  a  promise  I   have  kept  with  lidcl- 

Wnen  1  Kit  hen'  ami  got  home,  1  met  my  constituents wher- 

I  OOuld,  and  in  my  humble  manner  presented  the  facts  to  the 

people,  not  with  reservations  and  inuendos  that  it   was  for  eff 

nt  that  if   Alabama  fell,  I  must   fall   with   her;   that  lor  fate  was 

nine;  that  the   marriage  between  US  was   lawful,  and    that    none 

diould  separate  me  from  her  fate.     These  sentiments  nut  with  a 

rty  response  from  all-,  and  my  friends  who  elected  me  are 
[ay  read)  t"  scale  the  wall-  of  Fori  Pickens  or  Fort  Sumter,  or  to 
take  the  waves  that  lave  their  bases,  their  winding  sheets,  and 

the  bay  their  gTSl  I  • 

Never  before  have  I  <v<'\\   the  people  of  Jefferson   SO   united   as 

they  are  to-day.      It  is  not  for  DM  to  say  what  influence  I   have  SB- 

•rted  in  producing  this  state  of  feeling.      Yet,  I   may  be  permitted 

.,,  that   1    had   it    in  my  pOWST  by  a  wi-h   i  washy  course,  or  by 

i  kind  of  doubtful,  distrusting  course,  to  have  widened  the  breach. 
Vow.  let  me  address  a  few  word-  to  my  political!  friends  <iii  this 
Before  high  Heaven,  1  believe  the  only  way  to  avoid  war  is 
how  that  we  are  united.  It  is  known  that  with  the  late  Ad- 
ministration, General  Seott,  a  degenerate  son  of  the  South,  was  the 
head  and  front  of  the  coercive  policy,  and  that  he  had  said  that  if 
the  iSouth  was  united,  they  could  not  be  whipped  baek  ;  but  if  di- 
rided,  they  would  whip  back  themselves.  And  from  the  fact  that 
he  directed  Mr.  Lincoln  to  box  himself  up  ami  be  shipped  by 

\dam-'   Express  Freight   Train,  or  to  keep  his   wife   between   him 
md  the  people,  that  his  influence  is  not  less  with  the  in-coming 


TUB  CONVENTION  OF  ALAHAMA.  ,'5-i] 

than  the  out-going  Administration.  Then,  let  us  speak  to  the 
Head  of  the  powers  "  that  he."  by  a  unanimity  that  Scott  can  un- 
derstand. Let  every  man  Biga  the  Ordinance  and  vote  for  the 
Constitution,  and  go  home  and  boldly  assume  the  responsibility; 
and  peace  will  again  perch  upon  our  banner,  and  our  people  will 
call  us  blessed.  No  sooner  had  the  fact  been  announce.  1  that  more 
than  one-third  of  the  Convention  had  refused  to  sign  the  Ordi- 
nance, than  it  was  published  in  the  Abolition  papers  that  when 
they  came  down  to  coerce  us,  they  would  get  more  than  one-third 
of  our  population  to  join  them  in  subduing  us.  They  were  not 
here,  and  did  not  listen  to  the  eloquent,  patriotic  speeches  of  the 
conservative  coo peratii mists  ;  and  if  they  had  been,  they  would  not 
have  published  them  ;  or,  at  least,  they  would  not  have  made  the 
comments  they  did  on  the  patriotic  letters  of  the  gentleman  from 
Madison,  by  saying  they  u  were  bought  up,"  &c. 

In  conclusion,  allow  me  to  say,  without  regard  to  party  or  past 
offences,  1  shall  act  in  harmony  with  that  party  who  presents  the 
true  issue  with  a  firm  and  determined  stand  to  meet  the  conse- 
quences. And  after  Peace  shall  rest  as  a  halo  of  glory  encircling 
the  Confederate  States,  and  the  horn  of  plenty  is  pouring  the  bless- 
ings of  peace,  plenty  and  redemption  from  l>laek  Republican  thral- 
dom in  our  laps,  then  1  will  arraign  before  the  tribunal  of  justice 
all  precipitative,  restless  demagogues  ;  and  after  conviction  exer- 
cising executive  clemency,  forgive  the  past,  and  only  lay  them  on 
the  shelf,  that  their  places  may  be  filled  by  conservative  men  — 
men  who]will  build  up  tin1  interests  of  Alabama — will  dcvelope  her 
resources  and  make  hei  the  Eden  <>f  the  world — even  if  we  shall 
have  to  tax  a  few  Shylocks,  or  Southern  men  with  Northern  pro- 
clivitic  s. 

Mi;    BROOKS,  the  President,  [Mr.  Webb  in  the  Chair,]  followed 
Mr.  Earnest,  and  addressed  the  Conventon  at  considerable  length. 

The  Reporter  regrets  that  he  has  been  unable  to  procure  a  copy  of 
this  speech  for  publication. 

Mi;.  Smith,  of  Tuscaloosa,  said  : 

The  consideration  that    my  opinions,  will  have  bttt  little  weight 

io  controlling  the  vote  of  this  Convention,  is  do  sufficient  reaaoo 

why   those  opinions   should   be   withheld.       lie  rbicfa    N 

strained  mo  from  uttering  my  obi  ther  and  more  mo- 

mentous question,  no  longer  prevail ;  and  I  feel  free  to  speak  upon 
this  subject  now  with  the  utmost  frank 


842  BTWTOEY    ami    DTOATM    OF 

The  Constitution  ought  to  lie  submitted  t.>  the  people,  of  t"  a 
Cdnvt  ii i  i mii  ni'  Delegates  to  be  elected,  with  special  view  to  its  eon- 
nidi  ration.  1  would  nut  insist,  that  it  be  pal  t<>  s  direct  vole  <d' 
(be  people,  but  would  prefer  that  it  be  submitted  to  I  new  Con- 
vention, as  proposed  bj  the  Resolution  of  ray  colleague,  |  Mr. 
-"ii  | 

I  shall  insist  » •  n  this,  in  respect  to  the  people,  in  respeot  to  the 
( '.  ii\«  ■uti.in.  :iim1  in  respect  of  the  Constitution  itself,  as  it-  friend. 

How  Btands  the  account  betwei  n  na  and  the  people  '.  Sine,  we 
know  that  they  will  inquire  into  this,  let  na  make  the  inquiry 

!vi  B. 

'I  his  Revolution  was  begun  without  the  express  will  of  the  peo- 
ple It  was  inaugurated  without  consulting  tin-  people;  this  I'mi- 
rent  ion  is  the  creature  of  the  Legislature,  which  thrust  upon  the 
people  the  performance  of  the  duty  of  electing  the  Delegates 

When  t  lie  necessity  of  performing  this  duty  came,  there  was  no 
aable  time  for  the  examination  of  causes  and  effects.  The 
eauvaas  wss  conducted  in  the  greatest  hurly-burly  of  excitement; 
ami  large  masses  of  people  roted  at  the  polls  in  the  midst  of  be- 
wilderment and  dismay.  The  election  itself  was  a  necessity  which 
had  In  i  n  crested  without  their  advice. 

Then,  your  body  is  the  creature,  not  of  the  people,  bul  of  the 
Legislature.  What  have  you  done  1  That  you  would  pass  an 
Ordinance  of  Secession,  was  expected.  You  did  pass  it.  and  you 
refusi  d  to  submit  it  to  the  people  ;  in  this,  they  are  offended.  You 
en  ated  a  neu  tribunal  in  the  shape  of  a  '  longresa,  and  authorized 
the  election  of  Deputiua  to  that  <  longreas,  and  refused  to  give  the 
election  of  those  Deputies  t"  the  people;  in  this,  the}  are  offend- 
ed. Aiul  the  specious  pretext  for  these  assumptions,  was  the  dan- 
m  v  ofd<  laj  -  the  necessity  oi  prompt  and  immediate  action. 

Ynu  then  have  made  the  Congress;  tin-  Congress  made  the  Con- 
stitution, and  the  Constitution  is  ttol  submitted  to  you  for  your 
ratification.  If  you  ratify  it.  while  you  have  the  perfeel  privilege 
of  submitting  it  to  the  people  if  you  choose,  will  not  the  people 
naturally  inquire:  In  what  ut'  all  these  things  have  we  been  con 
suited  1 ' 

They  find  themselves  under  a  new  <  \o\  eminent  !  and  in  amaze- 
ment, exclaim,  who  did  this  1  The\  find  themselves  in  the  hands 
fit'  a  in  w  ( longreas,  and  exclaim  :  Who  elected  this  new  Congressl 
W  ho  authorized  it  I 

The  answer  is.  "  We  are  the  People  I"  Sir,  that  "  We  are  the 
!'  ople,"  in  any  except  a  Representative  sense,  is  absurd.  It  is 
the  nimsey  excuse  for  usurpations;  it  has  been  the  characteristic 
<»f  legislative  tyrannies  in  all  ages  of  the  World,  from  the  Areo- 
pagus to  Cromwell's  Parliament. 


THE  CONVENTION  OK  ALABAMA.  .'543 

I  do  not  speak  thus  to  upbraid  this  Convention  fur  its  past  ac- 
tion, but  in  the  hope  of  inducing  it  to  cure,  by  one  single  act  of 
magnanimity,  all  the  dissatisfaction  that  prevails  in  ihe  public 
mind,  by  reason  of  its  usurpations. 

The  usurpation  of  power  is  odious,  while  the  surrender  of  pow- 
er is  admirable.  Men,  who  otherwise  would  have  perished,  live 
in  the  annals  of  time,  celebrated  for  the  surrender  of  power;  im- 
mortal in  humility.     Ages  are  illustrated  by  such  examples. 

It  may  be  considered  now  to  be  the  height  of  folly,  to  refer  to 
the  wisdom  of  our  lathers,  and  to  the  course  they  adopted  in 
bringing  to  maturity  the  old  Constitution,  since  it  appears  that, 
at  last,  the)  were  not  as  wise  as  we  have  supposed  ;  for  even  their 
work  has  proved  to  have,  been  hut  the  work  of  men — agreal  tem- 
ple to  be  Looked  upon  with  wonder,  hut.  to  he  destroyed  in  an 
hour;  and  the  conclusion  more  suited  to  the  spirit  of  this  age, 
seems  to  be  :  as  all  things  are  trail  and  must  perish,  therefore  we 
need  not  waste  our  time,  or  employ  our  thoughts  with  any  thing 
grand,  for  grandeur  itself  will  decay.  Cut  we,  who  are  willing  to 
look  into  the  past,  it' not  lor  the  solid  realities  of  wisdom,  hut  on- 
ly tdr  the  alluring  promises  there  held  up  for  the  stability  of 
Governments,  and  for  the  freedom  and  prosperity  of  future  gen- 
erations, may  yet  be  gratified  ami  instructed  by  a  brief  recital  of 
the  history  of  the  formation  and  ratification  of  the  Constitution  of 
tin'  United  States.  And  though  we  know  that  these  promises 
have  been  illusive,  yet  we  are  convinced  of  one  undying  truth: 
that,  under  that  Constitution,  in  the  brief  period  of  three  quarters 
of  a  century,  a  nation  has  arisen,  whose  magnificence  attracts  the 
curious  observation  of  mankind,  and  challenges  the  admiral  ion  of 
Sages;  whilst  its  irresistable  march  to  civilization  and  power 
strikes  the.  feudal  Kingdoms  of  the  Earth  with  consternation, 'as 
the  ominous  advance  ot'  Human  Liberty  threatens  to  invade  the 

prccints  of  their  consecrated  Dynasties, 
bet   us  look  into  this  eur'lOUS  historj  : 

On  the  21s1  of  February,  1787,  the  Congress  of  the  Confedera- 
tion passed  the  following  Preamble  and  Resolution  : 

••  \\  111:1:1:  us,  There  is  a  provision  in  the  Articles  of  Confedera- 
tion and  perpetual  Union,  for  making  alterations  therein  bj  ti. 
sent  of  a  Congress  of  the  1  cited  S  d  of  the  Legislatures  of 

the  se\  rial  State-  ;  and  whereas  experience  hath  evinced  that  there 

are  defects  in  the  present  Confederation,  as  a  means  to  remedy 
which  several  of  the  States,  and  particularly  the  State  of  New 
York,  l«\  express  instructions  to  their  d<  legates  in  <  tangress,  have 
suggested  a  Convention  for  the  purposes  expressed  in  ihe  follow- 
ing  Resolution,  and   such   Convention  appearing  to   be   the    1 


3  I  1  HMTOftl     \M'  i  or 

probable  means  of  establishing  in  1 1n  si-  States  a  firm  National 

<  <<>\>  1-1 1: i n -lit  : 

"Resolved,  Thai,  in  the  opinion  of  ('mi:  expedient, 

that,  <'ii  the  second  Monday  in  May  next,  a  Convention  of  Dele 
s,  who  shall  have  been  appointed  l>\  the  several  States,  b< 
lield  at  Philadelphia,  for  the  sole  and  express  purpose  of  revising 
tin-  Articles  of  Confederation,  and  reporting  to  Congress,  and  the 
teveral  Legislatures,  such  alterations  and  provisions  therein  as 
shall,  when  agreed  to  in  Congress,  and  confirmed  by  the  States, 
render  the  Federal  Constitution  adequate  to  the  exigencies  of  <  I 
rnment,  and  the  preservation  of  the  I  ni"ii."' 

Twelve  States  responded  t<>  tins  call,  ami  on  tin-  l~th  .lay  "i 
Maj .  L787,  die  I  delegates  inel  at  Philadelphia,  and  on  the  17th  of 
September,  of  that  \  ear,  agreed  to  the  present  Constitution  of  the 
United  States;  net  including  the  amendments. 

Thus  it  will  he  seen  that,  having  the  article-  of  Confederation 
before  them,  our  fathers  deliberated  four  months  in  maturing  the 
I  Constitution. 

What  was  the  first  step  taken  by  this  Convention  alter  the  for- 
mation of  the  Constitution?  On  the  said  17th  of  September, 
1787,  they 

••  /■'.  \olved,  That  the  preceding  Constitution  he  laid  before  the 
United  States  in  Congress  assembled,  and  that  it  is  the  opinion 
of  this  Convention  that  it  should  afterword*  he  submitted  to  a 
Convention  of  Delegates,  chosen  in  each  State  by  the  people  thereof, 
under  the  recommendation  of  its  Legislature,  for  their  assent  and 
ratification)  ami  that  each  Convention,  assenting  to  ami  ratifying 
the  same, should  give  notice  thereof,  to  the  United  States  in  Con- 
mbl  d." 

( )n  the  28th  day  of  September,  17v7.  the  Congress  passed  the 
following  : 

••  "Resolved,  unanimously,  That  the  said  Report,  with  the  Reso- 
lutions and  letter  accompanying  the  same,  lie  transmitted  to  the 
-e\i  nil  Legislatures,  in  order  to  he  suhmittcd  to  a  Convention  of 
I '■  ■  ■"'■  chosen  in  each  State  by  tin1  /><<>/>/(■  thereof,  in  conformity 
to  the  resolves  of  the  Convention  made  and  provided  in  that 
rate." 

In  conformity  with  the  provisions  of  the  foregoing  Resolutions. 
i!c   Beveral  States  ratified  by  Conventions  of  the  people  on  the 

dates  as    follows  : 


THE  COXVKXTIOS  OF  ALABAMA.  345 

Delaware, on  the     7th  December,  17^7. 

Pennsylvania "  12th  December,  1787. 

New  Jersey "  18$  December,  1787. 

Georgia, "  2d  January,  1788. 

Connecticut, u  9th  January,  1788 

Massachusetts, *■  <>th  February,  ISss 

Maryland, "  28th   April,    *  1788. 

South  Carolina, "  23d  May,  1788 

New  Hampshire, "  -  1st  June,  1788. 

Virginia "  26th  June,  1 788. 

.New  York, "  26th  July,  1788. 

North  Carolina, «  21st  November,  1789. 

Rhode  Island, V  29th  May,  1790. 

It  will  be  seen,  by  reference  to  this  table,  that  Rhode  Island 
deliberated  nearly  three  years;  North  Carolina  deliberated  more 
than  two  years  ;  Virginia  deliberated  nine  months;  South  Caro- 
lina deliberated  eight  months ;  and  Georgia  deliberated  four 
months  ! 

Who  were  the  men  that  thus  deliberated  ?  We  boast  of  the 
wisdom  of  our  Fathers.  Those  were  the  days  of  Washington. 
Jefferson,  Madison,  Hamilton — men,  God-like  in  attitude  and 
thought,  still  standing  out  like  collossal  statues,  illuminating  the 
niches  in  the  shadowy  walls  of  the  American  Pantheon.  They 
paused  over  these  momentous  questions  !  Are  they  become  dwarfs- 
in  our  estimation  ?  Verily  it  would  so  seem — for  ?cc,  the  intel- 
lectual giants  of  tin's  day  representing  the  sovereign  State  of  Alabama 
— are  not  willing  to  deliberate  a  single  day  over  the  instrument 
that  makes  a  radical  change  in  the  Government  of  the  country, 
involving  the  destiny  of  the  people  !  the  happiness,  the  honor,  the 
fortunes,  and  the  lives  of  millions  ! 

And  while  the  country  was  pausing  and  deliberating  over  the 
momentous  questions  involved  in  the  ratification  of  this  Constitu- 
tion, how  were  these  meat  men  employed  ?  Not  in  framing  quib- 
bles to  make  usurpations  plausible;  not  in  persuading  Power  to 
gO  OB  and  to  gather  its  unholy  strength,  and  to  wind  its  anaconda 
coil  around  the  newborn  liberties  of  the  country.  No,  sir.  In 
the  solitude  of  their  closets  tbey  were  retired,  engaged  in  the  holy 
duty  of  penning  tbe  immortal  argument  that  was  to  convince  the 
judgment  and  answer  the  ju>t  expectations  of  the  people. 
They  did  not  wish  to  force  their  measures  upon  a  generous  and 
confiding  constituency  ;  they  preferred  to  respect  their  scruple- 
to  quiel  their  apprehension,  and  to  appease  the  jealousies  that  ar< 
v.p  natural  with  those  who  love  and  would  preserve  their  liberties 


346  I1ISTOKV     AMI     DKHATKS    OF 

Thus,  sir,  by  a  free  interchange  of  opinion   between   the  Sages  of 

the  land  and  the  people,  the  people  were    made   co-workers  in    the 

great  labor  of  building  the  Constitution.  They  were  it-  architects; 
they  carried  the  'Materials  on  their  shoulder.-,  and  tided  in  piling 
atone  upon  stone.  They  had  a  part  in  it ;  therefore  thej  loved 
and  cherished  the  temple  that  they  thcm-clve-  had  ooatribmted  t«- 

ereet. 

This,  sir,  was  the  course  pursued  by  tin-  American  patriarchs, 
those  immortal  prophets  of  modem  times.  If  we  are  not  grown 
too  wise,  let  us  follow  their  example. 

This  new  Government  has  been  built  tip  with  great  rapidity. 
It  seems  really  the  production  of  mtgio.  Reflection,  however, 
fUggetta  as  B  reason  for  this,  that  the  work  Waa  performed  by  our 
fatnem, after  long  years  of  tedious  tt.il  ;  and  all  thai  we  have  done 
is  but  the  chipping  the  original  marble,  and  the  adding  au  occa- 
sional block.  Still,  it  seems  the  work  of  magie.  The  old  and  re- 
ceived idea  has  been  : 

"  A  tboumad  years  loarm  tarva*  la  baild  ■  Sr.\ ri ; 

A  day— an  hour — may  out  11  in  the  1I11M." 

It  must  now  be  agreed  that  the  first  line  of  this  verse  is  no 
longer  a  truth  in  America  ;  yet  the  latter  is  the  fatal  utterance  of 
the  experience  of  this  day.  But  the  rapidity  with  which  this  new 
Government  has  been  built,  is  no  evidence  of  its  stability.  You 
remember  the  story  of  Aladin  and  his  wonderful  lamp.  He  had 
but  to  express  a  wish  to  his  attending  genii,  and  that  wiah  was 
performed  upon  the  instant.  He  desired  to  have  a  magnificent 
palace  erected  on  a  favorite  hill.  When  the  night  came  down 
the  hill  was  naked  ;  in  the  morning  it  was  adorned  with  the  most 
gorgeous  temple  that  the  sun  had  ever  lighted  '■  Architecture 
Smiled  with  bewildered  delight,  and  the  world  was  amazed.  Aladin 
was  worshipped  as  a  superior  being,  and  the  palace  remained  in 
its  position  for  yean,  the  pride  of  the  country  ami  the  wonder  of 
mankind.  But  the  lamp  changed  masters,  and  lo !  in  an  hour  the 
palace  disappeared  !  The  power  that  had  created,  destroyed  it; 
the  hill  which  it  h  id  adorned  was  left  again  a  naked  and  desolate 
heath,  and  Aladin  was  persecuted  as  a  magician  ! 

You  remember  the  fancy  of  a  Itussian  Kmprcss  ?  She  was  not 
content  with  her  marble  palace  ;  she  wanted  a  change  of  abode — 
a  variety  of  magnificence.  She  ordered  a  I'alact  of  Ice  to  he 
built.  She  had  hut  to  command,  to  be  obeyed.  Huge  blocks  of 
crystal  were  hewn  with  exact  precision,  and  in  an  incredibly  short 
period  the  palace  was  erected.     Colossal  columns  of  ice  studded 


TIIK    CONVENTION     OF    ALAIIAMA. 


347 


the  glittering  porticoes,  and  the  winter  sun  drew  back  his  eye,  daz- 
zled by  the  gorgeous  spectacle.  The  Empress  was  delighted.  0  '• 
that  this  palace  could  stand  lor  ever!  But  alas!  the  summer 
came;  the  frail  pile  tottered  at  its  base,  and  dissolved  itself  in 
tears,  as  if  weeping  over  the  destruction  of  so  much  magnificence. 
Thus  passes  away  the  glories  of  this  earth. 

Mr.  President,  I  do  not  draw  these  pictures  of  fancy  in  the 
spirit  of  prediction  or  of  prophecy.  I  would  arrest  the  shock- 
ing calamity  ot  a  failure  of  this  Government  ;  and  for  this  very 
reason  I  beg  the  Convention  to  beware  of  the  insidious  growth  of 
self-confidence  ;  it  is  the  poorest  evidence  of  wisdom,  and  the 
most  unmistakable  indication  of  folly. 

Yes,  sir,  I  would  arrest  the  terrible  calamity  of  a  failure  of 
this  Government;  and  1  would  arrest  it  by  building  its  founda- 
tions on  the  only  basis  that  will  be  found  able  to  uphold,  in  a 
land  of  liberty,  the  structure  of  Government. 

This  Constitution  has  no  marble  base  to  rest  upon.  All  its  ma- 
terials are  perishable;  the  thought  is  scarcely  less  mortal  than  the 
paper  upon  which  it  is  written.  Parchment  cannot  save  it  from 
the  Great  Destroyer;  and  the  leather  and  the  boards  within  which 
it  is  to  be  confined,  will  only  serve  to  preserve  it  the  more  securely, 
housing  it  for  the  final  worm.  There  is  but  one  way  to  perpetu- 
ate it:  Lodge  it  in  the  hearts  of  the  people!  There,  and  there 
only,  will  it  find  a  permanent  existence.  That  is  the  only  foun- 
dation upon  which  the  structure  of  a  free  Government  can  rest. 
Take  that  base  away,  and  the  frail  tenement  crumbles  into  atoms. 
But  how  is  it  to  find  its  way  to  the  hearts  of  the  people  ?  How 
is  it  to  reach  that  holy  lodgement  ?  Let  them  have  a  hand  in 
building  it.  We  love  the  creatures  we  make.  God  himself 
was  pleased  with  his  magnificent  creation.  He  is  the  type  of 
man.  Have  you  never  seen  an  old  architect  lingering  in  the  pre- 
cincts of  some  palace  that  he  had  planned'/  He  loiters  around, 
gazes  on  its  grand  proportions,  musts  upon  its  pillars,  its  cornices, 
its  dome  ;  congratulates  himself  upon  his  success;  regrets  when 
the  shades  of  night  shut  out  the  lovely  contemplation  from  his 
view,  and  whispers  to  himself  as  he  retires — "  I  built  it ! 

Imagine  the  great  painter,  as  line  by  line  he  draws  into  exist- 
ence some  beautiful  picture.  See  Raphael.  Angelo,  Reubens, 
Guido,  leaiiiiiL-  with  bewildered  delight  over  their  own  creations, 
km  eling  ami  ki.v-ing  t lie  lips  that  yet  had  not  the  tremulousness  of 
vitality  !  See  the  gnat  sculptor,  chiseling  the  divine  neck,  fash- 
ioning the  lofty  brow,  developing  the  sinewy  frame,  ami  dragging 
Hercules  from  his  home  in  the  solid  mountain,  to  show  the  mod- 
ern world  this  giant  of  the  olden  time.      The  sculptor  grows  drunk 


•"•lv  RSOTOBV     AMI     KKHMKS     09 

in  tlic  contemplation  of  his  own  Bacchus,  and  strong,  as  he  tut- 
raja  tin'  1 1 1 1 1 1 » >-  of  bis  own  giant.  Even  Prometheus  bo  loved  the 
■an  he  made,  that  he  was  reedy  tu  scale  the  Heavens  in  w  iroh  of 

■    vital  spark  to  animate  it. 

Thus  it  has  been  ever  with  the  human  heart — thus  it  will  be 
Then,  it'  yon  would  lodge  this  Constitution  in  the  hearl 
the  people,  give  them  ■  share  in  id  creation  ;  thai  when  the  day 

shall  come  that  endangers  it*  existence,  they  may  throng  around 
it.  as  tin ■  v  will,  in  million*,  lor  its  proteotii  a,  exclaiming,  as  they 
rush  to  its  rescue — "We  made  it — it  is  our*!"      To  a  people  thu* 
inspired,  armies  ami  banners,  the  Bword,  1  i r* ■  ami  famine,  pr< 
n- •  terrors. 

I  know  the  people  well.  I  have  appealed  lor  position  to  that 
tribunal  often,  and  have  had  my  'lay*  of  Buccesa  ami  failure.  It 
is  hinted  even  now,  by  those  whose  lives  have  been  Bpent  in  the 
unholy  lm*inc*s  of  nursing  their  prejudices,  thai  the  peoph 
not  capable  of  %elf -government.  1  deny  the  assertion.  A.*  pol- 
luted as  their  counsels  may  he  made  by  bad  advisers,  they  are  still 
wis.'.  They  are  the  first  to  snuff  the  atmosphere  of  da' 
Their  watchfulness  is  a  part  of  the  ever-living  jealousy  of  their 
rights.  They  are  sagacious  to  detect  and  quick  to  resent  the 
fawning  Bmiles  of  a  hypocrite.  They  know  their  true  nun.  It 
is  m.t  amongst  the  people  that  political  putrefactions  gather;  it  is 
in  the  rotten  porlieua  of  Federal  Courts  where  plotting  ministers 
of  State 

"Crook  IB4  pragnaal  binges  qJ  the  Itaet, 
Thai  tlinit  may  follow  fawning." 

I    know,  too,  tin-  duties  of  a  Representative.      There  are   times 

and  occasions  when  he  should   rise  above  the    popular  tumult,  and 

aspire  to  had  ami  control  the  misguided  multitude.     He  should 

ii  the  paltry  considerations  of  his  own  tenure  of  office,  and 

L'ive  himself  up  to  the  welfare  of  the  State.      lie  should  utter  the 

words  of  his  own  sure  ostracism,  if  the  country  demanded  tie 
crifiee.  He  who  would  hesitate  to  perform  this  Bublime  duty, 
would  he  unworthy  a  home  in  the  midst  of  a  free  people.  And 
in  the  examination  of  the  annals  which  disclose  the  illustrious 
aames  of  tbebvave  nun  who  have  arisen  to  perform  this  greet 
work  of  rolling  back  the  tide  of  popular  error,  1  find  that  they  are 

the  very  men  who  had  huilt  their  homes  in  the  hearts  of  the  peo- 
ple    whose  rights  ami  privileges  they  had  protected,  and  whose 

follies  they  could  presume  to  rehuke:  the  men  who  have  ever 
acknowledged  the  .supremacy  of  the  people- — that  multitudinous 
king,  in  whom  center  all  the  legitimate  sources  of  power.  But 
win  n  a  representative  is  fresh  from  the  people,  and  knows  their 
well  ascertained  will,  it  is  his  duty  to  follow  that  will. 


THE  CONVENTION  OF  ALABAMA.  .'54! ' 

But  let  us  examine  some  of  the  arguments  used  in  favor  of  the 
mmediate  ratification  of  this  Constitution  now  by  the  Convention. 

It  is  said  that  we  can  the  more  readily  borrow  money  if  the 
Permanent  Constitution  should  be  at  once  ratified.  There  is 
plausibility  in  this.  But  it  is  reported  that  our  loan  has  already 
been  taken.  And  whether  it  be  taken  or  not,  there  is  no  doubt 
of  OUT  ability  to  raise  money  commensurate  with  our  necessities. 
The  wealth  of  these  States  is  well  known  to  the  world.  We  will 
not,  1  hope,  have  to  depend  on  foreign  loans.  When  the  day  of 
necessity  comes,  the  private  fortunes  of  a  people  struggling  for 
their  rights,  and  lighting  for  their  homes  and  firesides,  will  be 
freely  east  into  the  public  treasury.  Between  poverty  and  liberty 
there  can  be  no  debate.  In  this  day,  and  under  the  great  issues 
and  struggles  in  prospect,  the  money  is  the  smallest  consideration. 
Sir,  the  money  must  come  from  the  people.  If  the  ranks  of  your 
army  are  to  be  swelled  by  the  poor,  they  must  be  clothed  and  fed 
by  the  rich.  I  do  not  despair  that  all  classes  will  do  the  duty  of 
men. 

Hut  it  is  said  by  the  gentleman  from  Pickens  [Mr.  Stone] — and 
this  argument  is  not  without  its  plausibility — that  the  European 
cations  will  the  more  readily  recognize  us,  and  the  more  certainh 
acknowledge  our  independence.  Let  us  examine  this  serious 
question  in  all  its  aspects. 

I  do  not  think  we  ought  to  have  the  remotest  apprehension  on 
the  subject  v\'  the  speedy  recognition  of  our  position  as  a  nation, 
and  the  acknowledgement  of  our  independence.  The  nations  of 
Europe  are  looking  with  eager  anxiety  to  the  day  when  they  will 
be  permitted  to  do  this.  Their  lamentations  over  the  fall  of  the 
mighty  Republic  of  the  West  may  be  sonorous  with  the  expres- 
sions of  grief;  and  the  smiles  with  which  they  welcome  us  into 
the  fraternity  of  nations  may  be  moistened  by  tears;  but  the 
swelling  bosoms  of  the  friends  of  Monarchy  will  heave  with  giant 
throes,  and  the  ears  of  Royalty  will  be  charmed  with  the  dirges 
of  liberty. 

Our  independence  will  be  speedily  acknowledged,  and  with  that 
acknowledgement  will  come  treaties  of  alliance !  Treaties — the 
great  source  of  international  troubles;  treaties,  it  may  be,  that 
surrender,  on  our  part,  substances  lor  shadows  ;  treaties,  which 
may  be  the  entering  wedges  that  are  to  rend  in  sender  the  prin- 
ciples that  lie  at  the  foundation  of  American  liberty.  1 
American  liberty — for  the  word  has  a  broader  meaning  here  than 
it  had  in  olden  clinie.-.       It  embimoea  BOl  "lily  all  the  attribut>  - 

16m,  :ill  the  innovations  upon  feudal   Kingdoms,  ami  all  the 
enfranchising  ideas   of   Representative   Government,  hut,  in  it- 


350 


HISTOKY    AM)    DKBATK8    Of 


grand  and  majestic  sweep,  it  excludes  from  American  Boil  the  last 
semblance  6f  European  Monarchy.  American  libertj  looks  even 
to  the  final  extinction  of  all  foreign  claim  to  dominion  over  one 
foot  of  American  soil.  It  is  a  libertj  whose  body  towers  aloft 
from  the  mountains  of  the  Continent,  and  whose  feet  are  washed 
by  the  two  great  Oceans  of  the  World. 

Sir,  in  what  a  strange  position  do  we  plat urselves,  b)  calling 

in  foreign  allies  for  our  protection!  Our  fathers  conquered  the 
Britons  in  the  name  of  Liberty.  We,  their  degenerate  sons,  note 
call  in  those  very  Britons  to  aid  tts  in  the  protection  of  (hat  Lib- 
erty !  Thus,  we  place  this  goddess  in  the  tyrannical  hands  of 
those  from  whom  our  fathers  rescued  her! 

Tt  is  a  sad  day,  sir,  when  an  American  has  to  admit  that  he  de- 
pends upon  foreign  allies  for  his  protection. 

Protection!  Sir,  we  proclaimed,  in  the  so-called  Monroe  doc- 
trine, that  on  those  portions  of  the  North  American  Continent 
not  already  under  foreign  dominion,  no  Power  outside  of  America 

shall  place  its  Governmental  foot.  Shall  wc  abandon  this?  I><> 
wc  not  abandon  this  when  we  look  abroad  for  an  alliance  of  de- 
fense ! 

Wc  must  not  depend  upon  foreign  alliances.  Our  institutions 
are  too  essentially  different  from  theirs.  They  will  always  demand 
more  than  they  give.  They  surrender  shadows  and  demand  sub- 
stances. We  have  had  some  experience  in  these  matters  with 
England,  as  well  as  with  France.  The  generous  sacrifices  of  the 
immortal  LaFayettc,  whose  impulses  were  as  magnanimous  as  his 
services  were  important,  were  followed  at  last  by  the  most  exorbit- 
ant demands  by  the  French  Government.  The  mission  of  J  en  net 
cannot  be  forgotten. 

England  will  never  forget  her  colonies.  The  gap  in  her  crown, 
caused  by  the  tearing  away  of  those  jewels,  has  not  yet  been  tilled. 
It  is  the  dream  of  her  political  philosophy  to  see  those  jewels  res- 
tored ;  and  English  pride,  with  English  ambition,  is  far-reaching. 
Her  revenge  is  as  deathless  as  the  oath  of  Hannibal.  This  never- 
sleeping  desire  will  run  through  generations  The  same  spirit  of 
monarchy  that  crushed  the  last  remains  of  Croiuwellism  iu  Eng- 
land, and  pursued  the  Regicides  to  the  farthest  limits  of  the  earth, 
is  still  sleepless  and  vigilant,  though  biding  its  time,  to  restore  the 
jewels  of  America  to  the  English  crown. 

On  this  question,  then,  of  the  acknowledgment  of  our  inde- 
pendence by  foreign  powers,  there  is  nothing  to  apprehend,  ex- 
cept, indeed,  the  dangers  that  are  to  follow  an  unnatural  alliaucc. 

England  and  France  will  recognize  us  with  joy  ;  but  not  with 
the  joy  of  true  friends:  it  will   be  the  joy  of  Tyrants  that  gloat 


THE  CONVENTION  OF  ALABAMA. 


551 


over  prospective  desolation — the  joy  of  lloyalty  vaunting  over  the 
fall  of  Constitutional  Liberty.  Wilberforce,  a  great  collossal  pro- 
phet, though  dead,  still  looming  over  the  dome  of  the  British 
Parliament,  points  with  his  bony  fingers  to  dismembered  America, 
and  exclaims,  "  Behold  the  fall  of  Constitutional  Liberty;"  and 
towering  above  its  ruins,  "  Behold  the  '■  irresistible  genius  of  uni- 
versal emancipation  !'  " 

Let  us  beware,  then,  of  foreign  friends.  England  has  no  feel- 
ings in  common  with  us.  Her  politicians  are  emancipationists; 
and  it  is  but  a  year  since  Lord  Brougham  broadly  insulted  the 
American  Minister  iii  London,  mi  account  of  American  slavery. 
Nothing  but  the  last  necessity  should  induce  a  free  nation  to  sub- 
mit to  an  alliance  for  defense  with  a  inonarchial  one.  Monarchy 
is  a  political  maelstrom,  whose  vortex  is  the  oblivion  of  Free- 
dom. 

Mr.  President,  the  question  of  war  and  peace  has  been  touched 
in  this  debate.  Whatever  we  may  say  or  think,  on  that  subject, 
is,  at  best,  but  conjecture.  This  great  question  depends  much 
upon  the  sagacity  and  patience  of  our  leaders.  Precipitation  may 
bring  war;  caution  and  prudence  may  avert  it.  The  bloodiest 
wars  have  sprung  from  the  slightest  causes.  I  have  never  be- 
lieved that  the  Northern  hostility  would  reach  the  point  of  blood. 
But  be  this  as  it  may.  it  is  in  war  that  we  shall  need  the  hearty 
cooperation  of  the  people.  They  are  to  bear  the  toils,  fatigues 
dangers  and  privations  of  war.  If  you  get  them  into  war,  upon 
a  slight  pretext,  you  must  beware  of  the  consequences.  And,  in 
view  pf  the  probabilities  of  war,  let  the  people  vote  for  this  Con- 
stitution.    They  will  then  the  more  readily  defend  it. 

Sir,  it  is  said,  on  all  hands,  that  there  is  no  fear  that  the  people 
will  ratify.  1  have  no  fears;  but  yet  I  suspect  that  there  are  se- 
rious apprehensions  felt  on  this  subject  by  others.  There  are. 
gentlemen  here  who  do  dread  to  see  this  question  go  to  the  pe<  'pie. 
Sir.  lei   them  discard  these  apprehensions.     If  you  will  consent 

for  this  Constitution  to  go  to  the  people  for  their  votes,  I  will  be 
proud  of  the  privilege  of  taking  it  in  my  hand,  and  visiting  the 
remotest  cabin  in  my  county,  to  proclaim  my  own  approval  of 
it.  and  to  beg  the  people  to  accept  it. 

And  do  not  let  me  leave  anything  to  be  understood  or  surmised, 
so  far  as  I  am  concerned.  Whether  you  consent  or  not  for  this 
Constitution  to  go  to  the  people  for  their  votes,  I  will  still  defend 
the  instrument  itself,  and  even  beg  the  people  to  forgive  you  for 
your  usurpations.  I  will  do  this  Simply  because  I  have  made  up 
my  mind,  stubbornly,  to  do  or  say  nothing  to  create  dissensions, 
or  to  divide  the  people. 


HlSTiiKV    AND    DEDA1 


PERMANENT  CONSTITUTION. 

Mr.  BULGXB  said  : 

Mr.    ,  — As  you  know,   sir.  1    am  in   the  habit  of  eon 

tenting  myself  with  voting  1  "<  >r  or  against  questions  pending  before 
this  Convention,  and  relying  Qpon  the  record  thus  made,  to  placi 

me  right  before  the  country.     Hut.   sir,  tip'  Convention,  1>;. 
bainittg  the  surprising  motion  of  the  gentleman  from  Madison  [Mr. 
Davis],  and  that,  too,  alter  the  earne  •  made  to  that  gen- 

rleinun,  by  those  with  whom  he  has  been  acting  heretofore,  to  with 

v  his  demand  for  the  previous  question  for  a  few  moment 
allow  members  to  place  themselves  right  on  the  journals  had  I 
disregarded  by  him,  imposes  on  me  the  necessity  of  submitting  a 
lew  remarks  in  the  Convention,  that  they  may  be  incorporated  into 
the  debates  of  the  Convention,  and  thus  place  myself  right  in  the 
history   of  the   country.      Sir,    unlike  the    geutleman   from    Lau- 
derdale, [Mr.  Jones]  from  the  time  that  I  witnessed  the  prud 
exercised  by  the  State  Conventions,  in  the  appointment  of  dele- 

-  to  the  Confederate  Congress,  when  they  excluded  ultra  men 

if  all  parties,  and   selected  wise,  moderate   and   conservative   -j.cn- 

tlemen  to  that  responsible  position,  I  entertained  high  hopes  that 

the  action  of  Congress  would  he  directed  by  wisdom  and  prudenc< 

and  crowned  witli  eminent  success.       \nd  now,  sir.   when  I  listen 

to  the  reading  of  the  many  wise  provisions  of  the  Constitution,  I 
am  not  disappointed,  but  gratified,  that  my  hopes  have  been  re< 
alized.  Unlike  the  gentleman  from  Tuscaloosa,  [Mr.  JemisoU,] 
who  contends  that  this  Convention  has  no  right  to  submit  the  ( )r 
linance  ratifying  the  Constitution,  and  insists  upon  calling  another 
Convention  for  that  purpose; — on  the  contrary,  1  believe  that  wc 
have  the  right,  and  that  ii  is  our  indispensable  duty,  to  submit 
this  question  directly  to  the  people,  for  their  ratification  or  rejec- 
tion. Where,  sir,  do  we  look  for  the  measure  of  our  powers?  To 
our  commission,  of  course.  Then,  sir,  what  do  we  find  there  J1 
That  wc  arc  authorized    "to  consider,  determine  and  do  whatever 

the  interest,   safety  and  hi r  pf  the  State  may    require  to  be 

•  lone."  Here  W8  find  OUT  commission  as  expansive  as  the  imag- 
ination of  man  The  only  question  necessary  lor  US  to  consider. 
in  determining  our  authority,  is:  what  does  the  interest,  safety 
aed  honor  of  Alabama  require  to  be  done? — and  that  it  is  our 
duty  to  do. 

I  am  opposed  to  the  proposition  of  the  gentleman  from  Tusca< 
loosa,  to  assemble  another  Convention  ;   because  such  a  course  is 


THE  CONVENTION"  OK  ALABAMA,  353 

unnecessary,  inexpedient  and  expensive;  and  the  will  of  the  peo- 
ple can  be  better  asoertaind  without  such  expense  or  inconveni- 
ence. And  if  1  could  have  prevailed  on  the  gentleman  from 
Madison  [Mr.  Davis]  to  have  withdrawn  his  demand  for  the  pre- 
vious question,  1  would  have  offered  an  amendment,  which  I  hold 
in  in\  hand,  which,  if  adopted,  I  think  would  have  accomplished 
that  object.  [Read]  Read!  Read! — from  different  parts  of  the 
[louse.]    Sir,  I  wiil  read  the  amendment  that  I  desired  to  offer: 

Provided,  That  said  Constitution  shall  have  no  binding  force 
upon  the  citizens  of  the  State,  unless  this  Ordinance  be  ratified 
by  a  majority  of  the  legal  voters,  voting  at  an  election  to  be  here- 
after provided  for. 

That  amendment,  if  adopted,  would  have  removed  the  objec- 
'ii  raised,  as  to  expense.  But  the  gentleman  from  Montgomery 
Mi'.  Watts]  expresses  the  opinion,  in  which  the  gentleman  from 
Tuscaloosa  [Mr.  Jemison]  concurs,  that  this  Convention  has  no 
right  to  refer  this  Ordinance  to  the  people,  because  the  Constitu- 
tion for  the  Confederate  States  provides,  that  when  that  Constitu- 
te ratified  by  Conventions  of  live  States.it  shall  go  into  effect. 
I  hold,  sir,  that  the  Congress  possesses  no  power  or  right  to  pre- 
scribe the  mode  by  which  the  States  shall  ratify  the  Constitution. 
But  Stippose,  for  sake  of  the  argument,  that  they  have  that  right. 
Then,  sir,  have  we  not  the  light  to  adopt  it  with  such  conditions 
as  we  think  proper?  1  had  thought,  as  I  have  heretofore  said, 
that  our  commission  was  as  expansive  as  the  imagination  of  man. 
What  are  we  authorized  to  do  ?  "Consider,  determine  and  do 
whatever  the  interest,  safety  and  honor  of  the  State  requires  to 
he  done."  Then,  sir,  what  hounds  are  there  to  our  powers  here 
but  our  discretion  I  What,  even  in  our  opinion  would  advance 
the  interest,  the  safety,  or  the  honor,  of  the  State,  we  should  do. 
Would  it  not  promote  the  interest  of  the  State  to  conciliate  the 
people,  and  reconcile  them  to  the  new  Government1?  I  think  it 
would.  What  causes  the  loudest  complaints  that  we  now  hear 
from  the  people?  That  we  have  not  paused,  in  the  rapid  progress 
of  this  Convention,  in  tearing  down  the  old  ( rovernmenl  and  form- 
ings new  one,  to  consult  them.  Tlcy  saj .  wesenl  you  to  the  Con- 
vention to  consider,  determine  and  do  whatever  the  interests,  safe- 
ty and  honor  of  the  State  required  to  !>'•  done,  in  consequence  of 
Lincoln's  election,  supposing  that  you  would  permit  us  to  pass 
judgment  upon  your  action  :  but  to  our  surprise,  \  on  have  resolved 
_■.  ourselves  into  a  creatn  e  power,  and  constituted  a  <  kmgress,  and 
clothed  it  with  power  not  only  to  forma  Provisional,  but  both  a 
Provisional  and  Permanent  Government — all  of  which  has  been 


354  HISTORY    AND    DEBATES    OF 

done;  and  not  stopping  at  the  exercise  of  those  extraordinary 
powers,  you  have  resolved  yourselves  into  a  Legislative  Body,  and 
continue  to  exercise  the  law-making  power — thus  ignoring  the 
Old  Fogie  ideas  of  our  Fathers,  that  all  the  just  powers  of  Gov- 
ernment were  derived  from  the  consent  of  the  goverend.  Then 
you  have  resolved  yourselves  into  a  Constitutional  Convention,  to 
revise  the  Constitution  of  the  State,  in  a  manner  not  known  to 
that  instrument;  nor  content  at  that,  you  have  again  resolve. i 
j  ourselves  into  a  Legislative  Body,  and  passed  laws  repealable  and 
unrepeatable,  all  regardless  of  our  wishes  and  without  our  consent. 
<'an  you,  sir,  say  that  those  complaints  are  wholly  unfounded? 
Mr.  President,  I  do  nol  vote  against  this  Ordinance  because  of  ob- 
jections to  the  Constitution,  but  on  the  contrary,  (and  what  I 
now  say,  I  desire  the  distinguished  gentleman  who  proposes  to 
publish  sketches  of  the  debates  of  this  body,  if  he  honors  me 
with  any  notice  of  what  1  say,  to  incorporate  in  his  Reports,)  that 
I  think  the  Congress  deserves  well  of  the  country,for  the  wisdom 
and  prudence  by  which  they  have  been  guided  in  the  discharge  of 
this  important  portion  of  their  duties.  And  if  the  amendment 
which  I  desired  to  offer,  providing  that  the  Constitution  should  be 
submitted  to  the  people  directly  for  their  ratification,  had  been 
adopted,  I  would  have  voted  most  cheerfully  for  its  ratification. 
not  only  here,  but  at  the  ballot  box  at  home.  But  if  1  stand  soli- 
tary and  alone,  1  will  never  vote  to  fasten  upon  the  people  that  I 
have  the  honor  to  represent  in  this  Body,  a  Permanent  Govern- 
menl  without  their  consent. 

Mr.  (  'umas  said  : 

Mr.  President — I  have  at  no  time  been  troublesome  to  this 
Honorable  Body.  I  bave  had  but  little,  if  any,  ambition  to  par- 
ticipate in  the  various  and  important  discussions  which  have  from 
time  to  time  sprung  up  in  the  progress  of  business.  And  I  have 
had  still  less  ambition  to  place  my  name  conspicuously  on  the  rec- 
ord, by  any  officious  participation  in  the  more  unimportant,  pro- 
ceedings of  the  Convention.  And,  Mr.  President,  1  would  now 
gladly  accept  any  state  of  facts  that  would  authorize  a  continued 
silence  on  my  part. 

But,  sir,  the  Constitution  proposed  for  the  Confederate  States 
of  America  has  made  its  advent  into  this  body.  It  is  urged  that 
this  Convention  shall  ratify  it  at  once.  I  feel  it  a  duty  i  owe 
myself,  as  well  as  others  outside  of  this  body,  to  say  a  few- 
words  in  explanation  of  the  vote  I  shall  give  on  the  subject,  mat- 
ter before  the  Convention,  and  now  pressing  to  a  vote.     Since! 


THE  CONVENTION  OF  ALABAMA.  355 

have  occupied  a  scat  on  the  floor,  I  have  been  alone  anxious  and 
concerned  to  do  my  whole  duty  to  myself,  my  constituents,  and 
to  the  State  of  Alabama. 

Dp  to  this  hour,  Mr.  President,  I  have  unwaveringly  voted  for 
every  proposition  submitted  to  this  Convention,  to  refer  this  Con- 
stitution, for  ratification,  to  the  people; 

I  have  done  so  because  I  thought  it  was  just  and  right,  and  in 
deference  to  the  great  American  principle,  that  all  Governments 
ought  to  exist  alone  by  the  consent  of  the  governed. 

In  this  country,  and  at  this  day,  a  Government  created  and  main- 
tained by  the  breath  of  the  few.  and  not  by  the  breath  and  affec- 
tions of  the  many.  1  take  it,  is  like  the  house  built  on  the.  sand  ; 
when  the  floods  come,  and  the  rain  descends,  it  will  fall,  and  great 
will  lie  its  fall. 

To  be  durable  and  worthy  of  our  confidence,  it  must  be  built 
upotl  a  roek.  and  in  Anglo-Saxon  America,  there  is  no  rock  but 
the  people.  These  views  have  been,  mainly,  influential  in  deter- 
mining my  vote  heretofore  on  the  subject  of  ratification.  Averj 
grave  and  responsible  duty  lies  immediately  before  me,  which  is 
perhaps  the  most  momentous  one  that  has  ever  devolved  upon  me 
in  the  whole  course  of  my  life.     How  shall  I  discharge  that  duty? 

The  State  of  Alabama,  by  the  action  of  this  Convention,  is  this 
day  undeniably  out  of  the  Federal  Union.  She  no  longer  repo- 
ses in  peace  under  the  vine  and  fig-tree  planted  by  our  fathers. 

Where  is  she  ? 

I  »ut  at  sea.  without  chart,  rudder  or  compass. 

What  pilots  are  aboard,  and  how  will  they  compare  with  such 
men  as  Dr.  Franklin.  Washington,  Jefferson  and  Madison?  Pos- 
terity must  and  will  answer.  History  will  pass  upon  them  and 
render  up  the  judgment:  there  I  am  content  to  leave  them. 

What  is  called  a  Provisional  Government  has  been  inaugurated, 
Such  a  Government  is  practically  unknown  to  the  people  and  alto- 
gether unsuited  to  their  taste.  It  is  only  to  be  endured  by  the 
pressing  exigencies  of  our  present  extraordinary  political  condi- 
tion, brought  about  by  the  disrupting  and  revolutionary  proclivi- 
ties of  a  majority  of  this  body.  We  are,  in  my  humble  judg 
ment.  as  good  as  out  of  doors — shivering  in  the  cold — exposed  to 
many  dangers,  both  seen  and  unseen.  We  are  in  no  condition  to 
awe  our  enemies,  or  to  command  the  confidence  and  respect  of 

the  world.  It  is  not  impossible,  that  whilst  in  this  unsettled  and 
transitory  process,  even  the  liberties  of  the  people  may  he  made 
to  run  the  gauntlet  of  the  wire-workings,  plottings  and  counter- 
plotting of  unpatriotic  and  am  hit  ions  men — such  as  may  love  Cae 
Mr  more  than  Rome'.      I  take   it,  sir.  that   we  cannot  remain  in  a 

23 


36C  HISTORY     AND    DEBATES    OF 

Provisional  Government  any  length  of  time,  without  incurring 
the  greatest  perils  to  all  the  interests  ire  hold  as  most  dear  and 
valuable  in  life. 

What  shall  we  do?  Prudence  ami  wisdom  suggests  that  we  go 
out  without  further  delay,  over  this  sea  of  troubles,  and   inquire 

if  there  is  no  rock  of  safety  ;   DO  friendly  port  where  we  may  find 

shelter  from  all  impending  dangers.     We  cannot  now  go  back  to 

the  old  Union,  and  the  old  altars  ol  our  fathers.  Under  existing 
ofroumstances,  that  is  simply  impossible  and  perhaps  undesirable. 
It  is  plain  to  my  mind,  that  it  will  not  do  to  stay  where  we  are  to- 
day.  We  must  advance,  and  the  nexi  besl  move,  in  my  humble 
opinion,  we  are.  able  to  make,  is  without  any  fuather  delay,  or  Un- 
it cesaary  circumlocution,  to  take  refuge,  at  leas!  for  the  present, 
in  a  Southern  Confederacy,  under  the  auspices  of  this  Constitution. 
)  therefore,  Mr.  President,  in  considering  and  determining  what 
is  best  to  be  done  for  the  honor,  safety  and  interest  of  Alabama. 
in  this  conjuncture  of  affairs,  feel  it  an  Imperative  duty  to  vote  for 
•  be  ratification  of  the  Constitution  now  before  the  Convention. 

Mr.  Siikfmki.d  said  : 

Mr.  President — 1  ask  the  indulgence  of  the  Conveution  for  u 
few  moments.  Heretofore  I  have  been  contented  to  sit  as  a  silent 
member;  but  as  some  gentlemen  seem  to  think,  that  members 
who  acted  with  the  Cooperation  Party,  in  opposing  the  Ordinance 
of  Secession,  and  who  now  approve  every  measure  calculated  to 
Hustain  the  action  of  the  State,  as  having  changed  their  principles  ; 
riir,  I  stand  before  you  to-day,  entertaining  the  same  principles 
that  I  did  on  the  day  I  took  my  seat  in  this  Convention.  I  came 
here  a  Cooperation  man — advocating  that  policy  before  my  peo- 
ple, as  the  best  means  of  procuring  harmony  and  satisfaction  with 
all  the  slave  States;  and  the  day  I  received  the  nomination  as  a 
Delegate  to  this  Convention  I  stated  my  position  clearly  before 
[  received  the  nomination.  My  position  was  this:  that  I  believed 
our  State  Convention  should  not  act  separately ;  that  our  Con- 
vention should  ask  a  Convention  of  all  the  slave  States ;  let  them 
adopt  some  plan  unitedly,  and  whatever  they  adopted,  I  would 
Htand  by  it.  Should  any  of  the  States  refuse  to  meet  in  said  Con- 
vention, let  those  act  that  do  meet,  and  I  would  sustain  their  ac- 
tion ;  and  should  all  the  States  refuse  to  meet  Alabama,  I  would 
not  have  her  recede,  but  act  boldly  for  herself,  and  I  would  stand 
by  her.  That  I  was  a  Union  man  upon  Constitutional  principles, 
but  could  be  made  a  disunionist  when  our  Constitutional  rights 
were  denied  us  in  the  Union.     I  am  one  of  those  who  believe  in 


TUB    CONVENTION    OF    ALABAMA.  o57 

the  right  of  secession  or  revolution  ;  I  w;is  opposed  to  the  Coin- 
promise  of  1850,  and  Btood  almost  alone  in  my  county  in  op- 
position to  it,  and  advocating  the  right  of  secession,  whenever 
the  people  thought  their  Constitutional  rights  could  not  bo  ob- 
tained in  the  Union.  Mr.  President,  I  entered  into  the  late  Pres- 
idential canvass  with  more  zeal  aud  energy  than  I  ever  did  to  se, 
cure  an  election  for  myself,  believing  that  the  doctrines  of  the 
Douglas  Party  were  the  ouly  doctrines  that  would  save  the  Union 
of  the  States,  by  taking  the  question  of  slavery  out  of  Congress, 
and  leaving  it  in  the  hands  of  the  people,  where  it  of  right  belongs. 
But  the  majority  of  the  Southern  people  thought  otherwise.  Hav- 
ing also  advocated  before  the  people  that  this  was  a  majority 
Government,  and  whatever  course  or  policy  the  State  adopted,  f 
felt  in  duty  bound  to  sustain  it — having  drawn  my  first  breath 
upon  her  soil,  she  being  my  mother  country,  I  intended  to  stand 
by  her;  her  foes  should  be  my  foes — that  I  would  assist  her  sons 
in  repelling  every  attempt  to  invade  her  soil,  either  by  a  domes- 
tic or  foreign  foe ;  that  in  the  1'uture  I  intended  to  vote  for  every 
measure  brought  before  the  Convention,  that  was  necessary  to 
sustain  the  State  in  the  position  she  has  taken  ;  that  I  would  not 
stop  to  count  up  the  cost,  either  in  money  or  blood  ;  that  I  bad 
stated  in  Montgomery,  publicly,  on  the  day  the  Ordinance  of  Se- 
cession passed,  that  1  knew  there  was  not  fifty  men  in  my  county 
who  favored  the  policy  adopted  by  the  Convention  that  day,  yet, 
I  knew  them  to  be  highminded,  honorable,  and  patriotic,  that  they 
would  sustain  the  action  of  their  State,  right  or  wrong,  and  if  neo 
essary,  with  arms  upon  the  field.  On  my  return  home  from  this 
place,  I  canvassed  my  county,  and  stated  nothing  but  facts  to  the 
people,  and  I  found  the  result  as  I  stated  before  the  Capitol  on  the 
day  the  Ordinance  of  Secession  passed,  almost  a  unit  in  favor  of 
myself  and  colleague  signing  the  Ordinance,  and  in  voting  for 
.very  measure  to  sustain  that  action.  My  reason  for  not  having 
signed  the  Ordinance  since  my  return  here,  is.  that  I  wanted  to 
see  the  Constitution;  if  it  had  been  objectionable,  I  did  not  intend 
to  sign  it.  I  have  seen  the  Constitution,  and  1  believe  it  to  be  as 
perfect  as  it,  was  possible  for  it  to  have  been  :  I  believe  it  an  im- 
provement on  the  old  Federal  Constitution;  therefore  I  am  ready 
at  any  time,  to  sign  the  Ordinance  of  Secession,  and  in  signing  it. 
I  do  so  cheerfully.  I  am  one  of  those,  who  believed  it  to  be  the 
duty  of  the  Slave  Slates  to  demand  their  Constitutional  rights, 
even  at  the  disruption  of  the  Union.  1  look  upon  this  secession 
movement  as  having  been  forced  upon  ua  by  Northern  fanatics, 
after  having  done  all  nun  could  do.  to  save  the  I  nioii.  The  his- 
tory of  the  country  will  sustain  me  in  saying  that  the  South  has 
made  all  tie'  concessions,  and  has  been  fir  years  the  only  Section 


358  MBT0BT    ami    DSBATM 

that  cherished  a  true  attachment  for  tin-  Union,  and  has  been  re 
ally  seeking  i"  perpetuate  it.     With  the  South,  then,  thus  driven 
to  the  wall,  the  present  Btruggle,  is  obviously  one  of  life  and  death. 
\V    could   retreat  no  farther,  ami  to  have  done  so,  would  have 

l n  infinitely  more  horrible  than  death  itself;  it  was  the  duty 

ofthc  South  to  settle  this  question,]  <!<>  n«  »t  pretend  to  say;  it 
w.-is  her  duty  to  have  acted  precipitately,  without  first  exhausting 
all  possible  means  for  an  amicable  adjustment  of  the  Slavery  <pies- 

timi  with  the  Northern  States  It  is  done,  however,  and  right  or 
wrong,  I  will  sustain  her.  The  question  is  no  longer  a  debateable 
one:  as  lon'_r  as  it  was.  I  fought  this  secession  movement  with  all 
the  energy  1  possessed,  and  would  still  do  so  if  it  would  avail  any 

thing;  hut  it  would  u<'t:   it  would  only  he  aid  and   comfort  to  thi 

Abolitionists,  and  it  would  he  unmanly  and  cowardly  to  desert 

the  State  whose  Laws  had  protected  me  in  peaceful  times,  when 
she  needs  my  assistance.  Mi'.  President,  I  regrel  the  dissolution 
of  the  Union,  and  to  have  averted  that  act.  should  have  been  the 
study  of  ever)  American.  For  more  than  half  a  century,  daring 
which  Kingdoms  and  Empires  have  fallen,  the  old  Union  had  stood 
unshaken  ;  the  patriots  who  framed  it  have  long  since  descended  to 
the  grave.      Yet.  sir.  up  to  the  day  that  South  ( 'arolina  broke  the 

link,  they  Btood  the  proudest  monument  to  their  memory — an  oh 

ject  of  affection  and  admiration,  with  every  one  worthy  to  hear 
the  American  name.      In  m\  judgment,  its  dissolution  is  a  calami- 

ty,  and  upon  its  preservation,  perhaps  not  only  depended  our  own 
happiness,  hut  that  of  countless  generations  yet  to  come. 

Mil,  I!  UEM,  of   Russell,  said  : 

Mr.  President — He  Convention  is  about  to  come  to  a  vote  on 
the  passage  of  the  Ordinance  ratifying  the  Constitution  of  the 
Confederate  States.  When  my  vote  is  recorded  for  that  Ordi- 
nanc  •.  I  shall,  in  rapid  succession,  have  completed  a  aeries  <■('  the 

most  important  political  acts  of  my  life.  1  voted  for  the  Ordi- 
nance of  Secession,  not  because  I  favored  secession  pn-  w,  hut 
because,  under  the  circumstances.  I  regarded  it  necessary  in  or- 
der to  pr te  the  safety  of  the  South,  and  to  protect  her  honor. 

V,   ad  of  mine  in  the    past  had    tended  to    bring  uhout  the  state 

of  affairs  which  made  it  necessary  to  resort  to  secession.    When 

from  the  conduct  of  others,   however,  I    saw  that  a   dissolution  of 

the   old  Government   was  inevitable,   and  that  Separate  State 

Action  was  the  policj  by  which  it  was  to  he,  accomplished,  and 
that  those  who  adhered  to  that  view  were  largely  in  the  majority 
in  the  Gulf  States.  I  fit  it  to    he  my  duty  to  rise  above  all  mere 


THE  CONVENTION  OF  ALABAMA.  359 

party  considerations,   and   accept,    as  a   last   resort,  the  mode,  of 
redress  for  existing  evils  prescribed  by  others. 

The  action  of  the  Convention  which  severed  Alabama  from  the 
old  Union  is  now  a  thing  of  the  past;  the  results  which  must 
follow  it,  whether  good  or  evil,  -will  greatly  depend,  in  my  judg- 
ment, upon  the.  policy  we  subsequently  pursue,  and  whether  or 
not  those  of  us  who  voted  for  it  did  right  or  wrong,  the  events 
of  future  years  will  determine. 

I  also  voted  for  the  measures  which  had  for  their  object,  the 
complete  organization  of  the  military  force  of  the  Stale,  so  that 
Alabama  might  be  speedily  placed  in  a  position  to  maintain  her 
independence,  and  to  defend  by  the  sword,  if  necessary,  the  new 
relation  she  sustains  to  the  Northern  section  of  the  old  Confeder- 
acy and  to  the  world. 

And  now,  sir,  Iconic  to  vote  for  the  crowning  Ordinance  of 
the  whole — an  Ordinance  which,  if  passed  by  the  Convention, 
will  ratify  and  adopt  the  Permanent  Constitution  submitted  to 
us  by  the  Congress  for  the  Government  of  the  Confederate  States, 
and  will  impart  to  that  instrument  force,  effect  and  power,  and 
make  it  the  fundamental  law  by  which  this,  and  perhaps  future 
generations  in  these  States  must  be  governed.  I  know  the  Ordi- 
nance will  be  passed  by  a  majority  Vote,  1  am  entirely  satisfied 
that  the  Constitution  will  be  ratified  by  this  Convention,  but  my 
chief  desire  is  that  it  may  be  ratified  by  a  unanimous  vote.  1 
am  aware  that  some  members  prefer  to  have  it  referred  to  anoth- 
er Convention,  to  be  elected  by  the  people,  with  a  view  to  its 
ratification  or  rejection.  But  that,  Mr.  President,  is  not  now  a 
practical  question.  The  gentleman  from  Tuscaloosa  [Mr.  Jemi- 
son]  on  yesterday  submitted  an  amendment  to  the  Ordinance  to 
that  effect,  and  it  was  rejected  by  the  Convention.  Now.  the 
question  is,  will  the  Convention,  by  its  own  act,  ratify  and  adopt 
for  the  people  of  Alabama,  this  Constitution?  To  the  Constitu- 
tion itself  there  seems  to  be  UO  serious  objection.  All  concur  in 
opinion  that  it  ban  admirable  document,  and  the  only  objection 
to  its  ratification  is  that  it  ought  to  be  submitted  to  another  Con- 
vention. With  great  respect  for  the  opinions  of'  those  who  en- 
tertain this  view,  1  must  say,  in  my  judgment  it  oughl  not  to  cost 
the  Ordinance  a  single  vote.  Those  gentlemen  have  done  all 
they  fairly  and  legitimately  could  do  to  have  the  Constitution 
submitted  to  another  Convention.  They  voted  for  the  amendment 
proposed  by  the  gentleman  from  Tuscaloosa,  and  when  that 
amendment  was  pending,  they  urged  their  views  upon  the  Con- 
vention with  great  t'on-e.  They  have  made, each  for  himself,  and 
caused  it  to  bfl  spread    upon  the  journals,  a  record   on  this  point. 


3G0  HISTORY    AND    DEBATES    ov 

by  which  no!  only  their  constituents,  but  posterity,  can  make  up 
a  correct  verdict.  Is  nol  this  sufficient  1  And  now,  when  the 
question  is  presented,  disconnected  with  amendments,  ma) 
I  nol  with  confidence  appeal  to  gentlemen  to  come  as  one  man 
and  make  the  vote  tor  the  Ordinance  unanimous?  I  can  well 
sec  how,  on  yesterday,  gentlemen  could  with  propriety  urge  the 
adoption  of  the  amendment;  but  to-day,  and  since  its  defeat,  1 
am  unable  to  perceive  how  they  can  conscientiously  refuse  to  vote 
for  the  adoption  of  the  original  Ordinance,  especially  when  it  is 
admitted  they  find  no  fault  with  the  provisions  of  the  Constitug 
tion. 

No  question  is  raised  with  regard  to  the  power  of  thisConvcn. 
tion  to  ratify  ami  make  of  binding  force  and  effect  the  Constitu. 
tion.  so  far  as  Alabama  is  concerned.  No  one  disputes  our  an 
tbority,  and  th<  i  iter  ise  of  it  is  a  mere  question  of  policy,  about 
which,  it  seems  to  me,  there  should  be  but  one  opinion.  Indi- 
viduals as  well  as  nations  are  more  or  less  the  creatures  of  cir* 
cumstance,  and  it  is  often  wise  to  do,  and  to  do  promptly,  that 
which,  under  a  different  state  of  things,  our  judgment  would  con- 
demn. By  what  state  of  affairs  are  we  at  present  surrounded? 
The  old  Government  has  been  thrown  oil",  and  only  a  provisional 
one  erected.     Alabama  to-day  is  sojourning  under  the  roof  of  a 

shanty  half-way  from  the  old  and  dilapidated  house  she  lias  ahan- 
d<  ned.  to  the  new  and  splendid  edifice  erected  for  her  reception. 
!SI  all  we  tarr\  longer  on  the  way?  Shall  we  pause  in  this  criti- 
cal condition  to  consult  our  fears,  cr  to  consider  of  reconstruc- 
tion t     Shall  we  stand  still  while  die  cloud  of  war  gathers  over 

our  people,  and  make  no  haste  to  carry  them  under  the  protec- 
tion of  the  best  Constitution  the  world  ever  saw?  Sir,  this  is 
not  the  time  nor  the  occasion  for  us  to  pause,  or  to  take  counsel 
of  our  fears.  The  occasion  calls  for  action — united,  prompt,  re- 
solute, determined  action.  This,  and  this  alone,  can  shield  us 
from  the  fury  oi  the  impending  storm.  As  for  myself,  1  have 
embraced  this  greal  issue  in  good  faith.  1  know  full  well  the 
responsibility,  as  a  member  of  this  body,  1  have  assumed,  and. 
knowing  it,  I  now  declare  that,  "  live  oi  die,  sink  or  swim,  survive 
or  perish,"  I  am  for  the  new  Government,  and  so  help  me  God,  I 
intend  to  stand  by,  sustain  and  defend  it  to  the  end  of  the  chap- 
ter. 

Sir.  let  us  not  lie  divided.  Divisions  are  dangerous  and  often 
ruinous.  Unity  of  Bentimem"  ami  unity  of  action  inspires  confi- 
dence, and  vastly  adds  force  and  effect  to  a  cause  in  which  an\ 
people  are  engaged,  ("an  we  not,  at  this  critical  moment,  com- 
prehend   this   great   truth  and   act   upon   it?     We  are  passing 


THE  CONVENTION  OF  ALABAMA.   *  361 

through  one  of  the  most  remarkable  revolutions  the  people  of 
this  world  ever  saw.  We  are  in  the  very  midst  of  it,  and  shatJ 
we  become  divided  amongst  ourselves  on  a  mere  question  of 
policy?  Shall  we  falter  or  retrace  our  steps?  Shall  we  turn 
back  to  the  flesh  pots  of  Egypt,  and  stamp  the  cause  of  the  South 
with  infamy  ?  No,  sir.  Rather  let  us  press  forward  and  sustain 
with  our  votes  this  great  magna-charta  of  the  rights  of  white 
men,  based,  as  it  is,  upon  the  great  truth  that  theirs  is  the  supe 
rior  race;  and  let  us  as  a  unit  evince  to  the  world  that  we  are 
determined  to  sustain  and  defend  it  through  evil  as  well  as  good 
report,  with  our  money,  our  honor  and  our  lives. 

Mr.  Jemison  said  : 

Mr.  President — So  far  as  I  am  concerned,  I  entertain  no  oppo- 
sition to  this  Constitution.  In  all  its  features,  as  well  as  I  am  en- 
abled to  judge,  upon  a  careful  examination,  it  seems  to  be  all  that 
we  could  desire.  Considering  its  every  feature,  with  some  amend- 
ments and  evident  improvements,  it  is  fashioned  after  the  Old 
Constitution,  the  one  under  which  we  have  so  long  lived,  and  with 
the  spirit  and  meaning  of  which  our  people  have  become  so  well 
acquainted  ;  with  such  a  Constitution,  sir,  so  framed,  retaining 
all  the  old  guarantees  of  liberty,  and  others  in  addition,  which 
adapts  it  better  to  our  institutions,  preserving  and  securing  a  pure 
Republican  Government.  With  such  a  Constitution  as  this,  pre- 
sented to  me  foi  my  sanction,  I  can  find  no  reason  to  oppose  it, 
but  every  reason  to  support  it. 

I  hold  it  to  be  our  high  duty,  whatever  may  have  been  our 
opinions  on  other  subjects,  and  however  much  we  may  have  dif- 
fered with  one  another  on  points  of  policy,  now  to  support  the 
State  under  all  her  emergencies — to  sustain  her  in  all  difficulties. 
And  it  must  be  a  matter  of  congratulation  to  every  friend  to  the 
State,  to  know  that  we  stand  pledged,  voluntarily  and  solemnly, 
with  life,  liberty  and  property,  to  a  man,  thus  to  stand  by  our 
State.  It  cannot  be  forgotten  with  what  solemnity  these  pledges 
were  made,  even  before  the  passage  of  the  Ordinance  of  Seces- 
sion. I  appeal  to  our  friends  here,  that  we  may  not  be  divided. 
We  cannot  separate  ourselves  from  the  destiny  of  our  State  ;  wc 
are  all  in  the  same  vessel,  and,  sink  or  swim,  survive  or  perish,  we 
must  all  share  a  common  fate.  I  appeal  to  our  friends  the  more 
earnestly,  and  with  the  more  conBdence,  because  this  Constitution 
preserves  all  the  best  features  of  the  old  one,  and,  in  form  and 
shape,  is  unquestionably  an  improvement  on  its  great  pattern.  I 
make  this  appeal  to  those  friends  with  whom  I  have  acted  througb 


362  HISTiiKY     AM)     DKI1ATKS    OF 

all  the  trying  and  exciting  scenes  of  this  Convention,  tint  they 
should  not  bow  be  divided  on  this  question.  So  far  as  we  and  our 
immediate  constituents  are  concerned,  we  can  safely  appeal  to  the 

Record,  and  show  that  we  have  done  all  that  men  could  do,  in  tlu- 
honest  discharge  of  our  duties,  to  have  this  Constitution  submit- 
ted to  the  people  for  their  ratification.  This  is  all  that  a  just  and 
generous  constituency,  6uch  as  we  have,  could  require  at  our  hands. 
Let  us,  one  and  all,  come  up  to  the  support  of  the  Ciovcrnmeiit, 
such  as  it  is. 

I  appeal  to  our  friends,  as  citizens  of  Alabama,  to  pause  a  mo- 
ment, and  reflect  in  what  a  position  they  place  themselves  by  vot- 
ing now  against  the  ratification.  When  asked  by  our  constituents 
why  we  refused  to  ratify,  our  only  answer  could  be — "  Th-  Con- 
■><  ntion  refusal  /<>  tubmit  if  l<>  tin-  people."  Hut  the  answer  to 
that  is — "You  tried  your  best,  and  failed;  the  question  then  was, 
not  whether  the  people  should  be  allowed  to  vote  to  ratify,  but 
whether  the  Constitution  was  such  a  one  as  ought  to  be  ratified  '." 
Then,  it  seems  to  me,  that  every  man  whn  is  satisfied  with  the 
Constitution  as  it  is,  should  now  vote  for  its  ratification  by  the 
Convention.  It  is  true,  that  the  Convention  has  refused  to  submit 
this  Constitution  for  ratification  to  the  people,  or  to  a  new  Con- 
vention :  but  is  that  a  sufficient  reason  ibr  us  to  vote  against  the 
llatification  of  an  Instrument  whose  features  we  heartily  indorse  'i 
'  think  not.  For  one,  I  shall  feel  it  my  duty  to  vote  for  it  here, 
and  to  advocate  it  before  the  people,  and  thus  to  sustain  my  vote; 

Suppose  the  people  should  be  opposed  to  it  1  Shall  we  encour- 
age the  popular  delusion  '{  Is  it  not  rather  our  duty — perhaps  the 
highest  duty  that  a  representative  ever  has  to  perform — to  check 
the  popular  impulse  1  Do  any  of  us  Buppose  that  it  would  be  bet- 
ter to  inaugurate  the  reign  of  anarchy — to  go  home  without  any 
Constitution,  and  leave  the  country  in  a  state  of  disorganization, 
than  to  have  a  Constitution  fully  and  completely  adopted,  whos«j 
•  very  feature  is  perfectly  in  accordance  with  our  old  form  of  Gov- 
ernment, and  to  the  form  and  shape  of  which  there  ia  no  good 
objection  ?  For  one,  1  shall  always  be  ready  to  sacrifice  myself 
or  the  good  of  my  country,  and  if  that  sacrifice  has  to  be  the  re- 
sult of  combatting  and  beating  back  popular  error,  I  shall  not 
.shrink  from  the  performance  of  so  high  a  duty. 

Hut  there  is  no  danger  of  this.  The  people  will  be  satisfied 
with  the  Constitution.  Bven  those  who  opposed  secession  will 
ptefer  a  Constitutional  Government  to  an  Anarchy.  Let  us,  then, 
with  this  certainty  before  us — of  not  offending  a  generous  consti- 
tuency— let  us  all  vote  for  this  Constitution,  and  present  to  the 
world  an  unbroken  front.     We  can  say  to  our  people,  as  we  point 


THE  CONVENTION  OF  ALABAMA.  363 

to  our  Record,  we  obeyed  your  instructions  as  far  as  it  was  in  OUT 
power,  and  when  we  could  not  carry  out  your  positive  will.jjwe  then 
felt  it  our  duty  to  protect  your  interest,  and  to  secure  you  from  the 
evils  of  disorganization  ;  therefore  we  voted  for  the  Ratification. 
I  would  not  only  be  proud  to  see  a  unanimous  vote  in  favor  of 
the  Ratification,  but  I  would  be  proud  of  the  privilege  of  march- 
ing up  side  by  side  with  all  of  those  who  have  not  yet  signed  the 
Ordinance  of  Secession,  and  sign  it.  I  have  not  signed  it  yet,  but 
T  intend  to  do  so  before  this  Convention  adjourns.  This,  how- 
ever, I  do  not  regard  as  a  matter  of  so  overwhelming  importance 
as  the  ratification  of  the  Constitution  ;  but  I  hope,  and  advise. 
that  before  wo  adjourn,  we  make  even  that  unanimous. 

Mr.  Jemison's  amendment  was 

"That  the  Permanent  Constitution  be  referred  to  a  Convention 
of  tbe  people  of  the  State,  the  members  of  which  shall  be  elected 
by  the  qualified  electors  for  Members  of  the  General  Assembly,  at 
such  time  and  place  as  this  Convention  may  hereafter  prescribe." 

Mi;.  Brooks,  the  President  [Mr.  Webb  in  the  Chair],  moved 
to  lay  Mr.  Jemison's  amendment  on  the  table  ;  and  the  yeas  and 
nays  being  demanded,  the  motion  was  lost. 

Mr.  Davis,  of  Madison,  moved  the  previous  question,  and  the 
question  was  :  Shall  the  main  question  now  be  put?  The  yeas  and 
nays  were  called,  and  the  motion  for  the  previous  question  was 
sustained. 

Those  who  voted  in  the  affirmative  were — 

Mr.  President,  Messrs.  Baily,  Barnes,  Beck,  Blue,  Boiling, 
Bragg,  Buford,  Catterling,  Clarke  of  Marengo,  Clemens,  Cochran, 
Crawford,  Creech,  Crook,  Crumpler,  Curtis,  Daniel,  Dargan,  Davis 
of  Covington,  Davis  of  Madison,  Davis  of  Pickens,  Dowdcll,  Ear- 
nest, Foster,  Gibbons,  Gilchrist,  Hawkins,  Henderson  of  Macon, 
Henderson  of  Pike,  Hcrndon,  Howard,  Jewett,  Love,  McLanahan, 
McPheraon,  McKinnie',  Mitchell,  Morgan,  Owens,  Phillips,  Ralls, 
Hives,  Rvan,  Shortridge,  Silver,  Smith  of  Henry,  Starke,  Stone, 
Webb,  W'hatley,  Williamson  and  Wood. 

Those  who  voted  in  the  negative  were — 

re.  Allen,  Baker  of  Russell,  Barclay,  Brasher,  Bulger,  Cof- 


•'It'.l  IIISTOUV     AM)     DKI1ATKS     Of 

Coman,   Edwards,  Pord,  Porrester,    Pranklin,  Gay,  Green, 
II     1,  Jemison,  Jones  of  Payette,  Joneaof  Lauderdale,  Johnson, 
Kimball,   MoLellan,  Posey,  Potter,    Russell,    Bandford,   Sh< 
Sheffield,  Slaughter,  Smith  of  TusoaJ         9  Steele,  Wat- 

kins,  Watts.  whitloek,  Wilson,  Winston  and  Felrerton. 

The  qneatioD  being  on  the  adoption  of  the  Ordinanee  of  Rati- 
fication, it  was  adopted — yeas  87,  aai 

Those  who  voted  in  the  afiirmatiuc  were — 

The  President,  Messrs.  Allen,  Bailey,  Baker  of  Russell,  Bar- 
clay, Barnes,  Beard,  Beok,  Blue,  Boiling,  Bragg,  Brasher,  Baford, 
Catterling,  Clarke  of  Marengo,  Cochran,  Coffey,  Coman,  Crawford, 
Creech,  Crook,  Crumpler,  Curtis,  Daniel,  Dargan,  Davis  of  Cot* 
ington,  Davis  of  Madison,  Davis  of  Piokens,  Dowdell,  Barnest, 
Edwards,  Pord,  Porrester,  Poster,  (Jay.  Gibbons,  Gilchrist,  Greene, 
Bawkins,  Benderson  of  Maeon,  Henderson  of  Pike,  Ilemdon, 
Bood,  Howard,  Jemison,  Jewett,  Jones  of  Lauderdale,  Johnson, 
Kimball,  Leonard,  Love,  MeLanahan,  MoLellan,  McPherson,  Mo 
Kinnie,  Mitchell,  Morgan,  Owens,  Phillips,  Posey,  Potter,  Ralls, 
Rives,  Rnsonll.  Ryan,  Sanford,  Bheffield,  Shortridge,  Silver, 
Slaughter,  Smith  of  Henry,  Smith  of  Tuscaloosa,  Starke,  Sted- 
ham,  Steele,  Stone,  Taylor,  Timberlake,  Watkins,  Watts,  Webb, 
Whatley,  Whitloek,  Winston,  Williamson,  Wood  and   YelvertQn. 

Those  who  voted  in  the  negative  were — 

Messrs.  Bulger,  Pranklin,  .Jones  of  Fayette,  Sheets  and  Wilson. 

Mr.  Clarke,  of  Lawrence  did  not  vote,  having  paired  off  with 
Mr.  Coleman. 

When  it  was  aseertained  thai  only  live  had  voted  against  the 
Ratification,  there  were  some  earnest  speeches  made,  appealing  for 

a  unanimous  vote,  to  those  who  had  voted  agaiust  the  ratification. 

It  was  ■  solemn  and  impressive  scene. 


TURNING  ARMS  OVEB  TO  THE OONFEDRATB  STATES. 

Mb.  CooHRAN'8  Ordinance  to  turn  over  the  arms,  &c,  to  the 
Confederate  States,  before  we  had  the  Constitution  submitted  to 
us,  being  under  consideration, 


THE  CONVENTION  OF  ALABAMA.  3G5 

Mr.  Morgan  said : 

Mr.  President — The  question  now  presented  to  the  Convention 
brings  up  to  our  view  the  relations  of  this  State  to  the  Provisional 
Government,  and  the  discussion  has  also  brought  before  us  the  prob- 
able results  of  the  controversy  between  the  Confederate  States,  and 
their  former  associates,  in  relation  to  our  independence. 

I  do  not  attribute  to  any  of  those  who  may  oppose  this  meas- 
ure, a  dispositioa  to  reconstruct  the  old  Union,  but  on  the  con- 
trary, I  claim  that  their  votes  and  conduct  indicate  no  such  pur- 
pose. 

We  were  not  all  elected  here,  to  secure  the  secession  of  Alaba- 
ma from  the  Union  ;  but  we  were  all  elected  for  the  purpose  of 
forming  a  Southern  Confederacy,  in  the  event  the  State  should  se- 
cede. 

So  far  as  I  am  advised  of  the  condition  of  public  opinion 
throughout  the  State,  it  is  not  only  true  that  the  people  desire  a 
Southern  Confederacy  ;  but  that  they  demand  it;  and  their  great- 
est fear,  as  to  the  results  of  secession,  was  that  we  might  not  be 
able  to  unite  with  our  sister  Southern  States  in  anew  Government. 

If  there  arc  still  in  this  State,  those  who  favor  a  reconstruction 
of  the  old  Union,  they  will  not  persist  in  their  purposes  after  the 
people  have  seen  the  advantages  of  our  secession. 

We  have  given  two  unanimeus  votes  in  this  body.  The  first 
was  that  we  would  never  submit  to  the  election  of  a  Black  Re- 
publican to  the  Presidency.  The  other  was  given  yesterday,  when 
we  transferred  the  jurisdiction  over  the  Forts  and  Arsenal  to  the 
Provisional  Government.  Two  great  events,  which  proved  that 
every  pulsation  of  the  political  heart  was  responded  to  in  both  ex- 
tremities of  the  State.  I  hope  that  at  an  early  day  we  will  join 
in  one  voice,  and  proclaim  the  new  Constitution  of  the  Confede- 
rate States  of  America,  to  the  people,  as  worthy  to  be  the  reposi- 
tory of  all  our  rights,  I  hope  that  this  union  of  sentiment  will  be 
the  final  solution  of  all  party  differences  as  to  the  past,  and  the  des- 
truction of  all  parties  in  the  State,  except  such  as  may  arise  in  a 
generous  emulation  for  the  good  of  the  people,  and  the  prosp>  ri 
t>-  of  the  row  Republic. 

The  proposition  now  before  OS,  is  the  same,  in  principle,  as  that 
adopted  by  the  Convention  on  yesterday  It  is  only  applied  to  a 
different  species  of  public  property.  We  took  this  property  with 
the  intention  of  turning  it   over  to    the   Confederate   States,  if  it 

should  be  more  needed  by  then  than  by  ourselves ;  but  ire  took  it 

as  a  Sovereign  State.     The  title  is  with  us,  and  it  rests  with  us  to 
dispose  of  it.     I  admit  no  trust  arising  out  of  the  capture  for  the 


-'506  HISTORY    AND    DEBATES     OF 

actual  benefit  of  any  other  Government,  but  insist  that  when  we 
turn  it  over,  the  accountability  is  to  this  State,  and  rest  to  the 
United  States.  We  will  account  to  the  United  States  for  it, 
when  they  enter  upon  a  general  account  with  us  of  all  unsettled 
matters,  and  not  before.  Our  Commissioner  did  himself  justice, 
and  reflected  honor  on  his  State,  when,  after  being  denied  on  offi- 
cial audience,  in  reference  to  this  matter,  he  notified  the  Presi- 
dent of  the  United  States  that  hereafter  negotiations  would  be  en- 
tertained on  this  subject  by  Alabama  at  her  Capital,  but  at  no 
other  place. 

By  turning  over  the  Forts  to  the  Provisional  Government  of  the 
Confederate  States,  we  have  recognized  that  Government  as  fully 
as  we  could.  There  is  no  question  open  about  this  matter.  In- 
deed, we  recognized  it  in  advance  of  its  formation,  by  an  Ordi- 
nance providing  for  the  extension  of  its  juri  .diction  over  us. 

Fears  were  expressed  at  one  time  that  the  Provisional  Govern- 
ment would  be  a  despotism.  These  fears  were  based  on  a,  want  of 
confidence  in  the  love  of  our  people,  for  the  established  doctrines 
of  our  Republican  Institutions.  I  never,  for  a  moment,  felt  any 
dread  on  this  subject.  We  are  fixed  and  immovable  on  this  point. 
It  would  cause  more  bloodshed  to  destroy  Constitutional  lib- 
erty, than  was  ever  suffered  in  efforts  to  build  up  Empires.  But 
we  are  told  this  measure  will  be  construed  into  a  declaration  of 
war  against  the  Government  of  the  United  States.  I  can  per- 
ceive no  reason  for  that  conclusion,  and  no  force  in  the  argument, 
that  it  has  not  already  drawn  from  other  facts.  War  has  been 
only  a  question  of  construction  for  near  three  months.  The  facts, 
have  existed,  out  of  which  war  has  seemed  to  frown  upon  the  world, 
[f  war  has  not  existed,  it  is  only  because  we  have  construed  that 
as  consistent  with  peace  which  was  susceptible  of  the  other  con- 
struction. 

Has  it  been  cowardice,  that  has  giveu  us  the  disposition  to  de- 
liberate upon  this  matter  f  Time  will  soon  prove  that  it  is  only 
our  regard  for  the  great  interest  of  the  world,  and  for  the  history 
of  our  race,  that  has  thus  far  prevented  a  war.  We  have  been 
determined  to  appeal  for  peace,  until  the  sentiment  of  honor 
would  impel  us  to  shed  the  blood  of  our  kindred,  who  may  refuse 
to  allow  us  to  depart  in  peace. 

I  think  we  have  now  gone  far  enough.  We  have  made  the 
last  overture  which  I  am  prepared  to  sustain.  The  rejection  of 
the  Commissioners  of  the  Confederate  States,  will  be  the  final 
blow  to  all  hope  of  a  peaceful  settlement  of  these  questions.  I 
do  not  regard  a  war,  even  with  the  people  of  the  North — lately  our 
brethren — as  the  worst  evil  that  could   attend  these  times.     The 


THE  CONVENTION  OF  ALABAMA.  367 

denv  nidation  of  this  generation  of  people,  if  it  should  occur  will 
descend  upon  their  posterity.  Odious  blotches  will  be  spread  over 
the  future  history  of  our  race,  if  we  permit  ourselves  to  settle 
down  on  dishonorable  concessions,  rather  than  make  a  stand  for 
principle  at  the  expense  of  suffering  and  blood. 

I  have  always  believed  that  disunion  would  bring  war  upon  this 
generation  or  the  next.  I  included  all  its  worst  horrors,  except  de- 
feat, when  I  made  a  calculation  that  these  were  better  than  sub- 
mission to  wrong.  In  the  end,  disunion  will  bring  good  ;  it  may 
be  out  of  evil,  but  good  will  result  from  it.  Great  good  has  al- 
ready resulted  from  it. 

The  Churches  that  have  dissevered,  and  opened  the  way  to  our 
present  condition,  are  stronger  in  the  South,  and  have  done  more 
for  morals,  education,  and  Christianity  than  they  could  have  done, 
had  they  remained  united.  It  will  be  so  with  the  State.  With  a 
limited  sphere  of  action,  and  a  people  united  in  sentiment  and  in- 
terest, we  will  be  stronger  than  we  could  have  been  under  the  dis- 
advantages of  our  enemy  within  our  borders. 

We  need  but  one  thing  to-day  to  make  us  at  once  a  great  peo- 
ple, and  it  was  that  which  brought  our  fathers  from  beneath  the 
sceptto  of  King  George.  We  need  self-reliance.  Should  war 
ensue,  we  will  write  some  new  memorials  of  our  prowess,  which 
will  prove  to  the  world  again,  what  we  seem  to  nave  forgotten, 
(but  other  nations  will  never  forget,)  that  we  are  capable  of  all  that 
is  required  for  defence  or  for  aggressioD. 

Southern  battle-fields,  from  Cape  Fear  to  the  Rio  Grande, 
have  a  place  in  the  memory  of  those  who  would  oppress  us. 

We  have  a  Southern  clime,  which  in  other  regions  of  the  earth, 
has  given  to  the  world  the  brightest  examples  of  valor  and  enter- 
prize  in  war.     We  are  not  wanting  in  such  examples  here. 

Give  to  our  people  the  self-reliance  that  has  reanimated  France, 
under  the  inspiring  genius  of  Louis  Napoleon,  and  it  would  only 
require  a  chieftain  bold  and  cruel  enough  to  take  the  lead,  to  bring 
this  Continent  at  our  feet. 

I  would  not  have  this  condition  of  public  sentiment  to  supplant 
our  present  disposition  to  do  justice,  and  to  discard  every  resent- 
ment that  might  incline  us  to  a  wrong  step  ;  but  if  we  are  to  end 
this  strife  by  an  appeal  to  arms,  I  shall  confidently  expect  to  see 
its  effects  rapidly  developed  in  the  display  of  those  characteristics, 
which  will  make  for  us  a  record  in  history,  amongst  the  greatest  na- 
tions of  the  earth. 

With  all  the  prejudice,  (for  it  is  nothing  else,)  prevailing 
against  us,  in  the  minds  of  distant  nations,  on  account  of  our  laws 
relating  to  slavery,  they  respect  us  for  our  firm  refusal  to  be 
put  under  the  ban  of  inequality  by  the  people  of  the  North. 


3G8  HISTORY    AND    DERATES    OK 

All  men  know  that  a  despotism  which  attempts  to  support  its 
pretensions  hy  fraud,  is  contemptible,  and  that  such  despots  arc 
cruel  when  in  power,  but  cowards  at  heart. 

It  is  impossible  for  our  assailants  to  conceal  the  shallow  tricks 
by  which  they  have  sought  to  overreach  us.  The  enlightened 
world  sees  through  the  matter.  The  bos. mi  of  gallant  France 
heaves  with  contempt  at  the  despicable  picture,  and  England  re- 
grets that  her  posterity  can  be  so  1 

How  shall  we  stand  in  the  opinion  of  mankind,  if  wo  allow  our 
Commissioners  to  be  rejected,  and  sit  down  with  the  guns  of  Sum- 
ter and  Pickens,  (names  that  crimson  at  the  thought,)  frowning 
defiance  at  our  soldiery'/  We  will  be  marked  as  a  people  who  are 
afraid  of  a  race  of  artful  cowards. 

Let  us  at  once  place  the  means  of  warfare  in  the  hands  of  our 
President. 

If  you  will  follow  him,  he  will  lead  us  to  victory.  He  has 
never  left  a   battle-field  except  in  triumph. 

His  cool  courage,  his  skill  in  arms,  aud  his  unclouded  judgment 
will  sure  us  in  battle,  and  consecrate  the  victory  to  the  good  of 
the  people.  We  may  fail  for  a  time,  but  we  shall  never  be  con- 
quered. We  may  have  many  bloody  battles;  but  in  none  of  them 
will  our  people  exhibit  a  want  of  patriotism  or  courage. 

The  cement  of  blood  will  consolidate  us  as  a  people,  and  our 
minds  and  our  hearts  will  inspire   and  control  the  State. 

We  must  admit  the  possiblity  of  war,  and  its  near  approach,  so 
that  we  shall  not  be  self-deceived.  Let  us  insist  for  peace  on  proper 
terms,  but  spurn  it,  if  it  is  to  be  purchased  at  the  expense  of  jus- 
tice, and  the  sacrifice  of  honor. 


DIVORCE. 

The  Report  of  the  Committee  on  the  Constitution,  restricting 
the  granting  of  Divorces  to  the  single  ground  of  adultery,  being 
under  consideration, 

Mr.  Henderson,  of  Macon,  said  : 

Mr.  President — I  entirely  concur  with  the  Committee  in  the 
opinion,  that  the  granting  of  Divorces  should  be  limited  to  the 
single  ground  of  incontinence.  Marriage  being  exclusively  an  In- 
stitution of  God,  it  is  only  subject  to  the  sanctions  and  directions 
of  His  law.     No  authority  less  than  that  which  established  tho  In- 


THE  CONVENTION  OF  ALABAMA.  369 

stitution,  can  rightfully  dissolve  it.  The  integrity  of  the  Institu- 
tion rests  upon  Divine  authority,  and  no  human  power  can  disan- 
nul, or  abrogate  it.  No  part  of  the  law  of  God  is  more  binding 
than  this  ;  and  it  were  just  as  absurd  for  human  legislation  to  at- 
tempt to  set  aside,  or  nullify  the  legislation  of  Heaven  upon  any 
other  portion  of  the  moral  law,  as  this. 

Let  us  look,  Mr.  President,  at  the  consequences  which  have  re- 
sulted within  the  last  few  years,  from  this  departure  of  State  leg- 
islation from  the  ancient  landmarks.  The  facility  with  which  Di- 
vorces are  granted ;  the  many  grounds  which  legalize  them,  and 
the  alarming  extent  to  which  they  have  multiplied,  are  a  sad  com- 
mentary upon  the  policy  of  our  State  in  this  respect.  Upon  look- 
ing into  the  Acts  of  the  General  Assembly  of  the  State  of  Alabama 
for  the  last  twenty  years,  and  collecting  the  facts  upon  this  sub- 
ject, I  find  the  following  result: 

For  the  years  1 840-' 41,  there  were  18  Divorces  granted. 


1843 

« 

ti 

12 

1844 

tt 

II 

24 

1845 

« 

II 

32 

184G 

a 

u 

39 

1847-'48, 

U 

<< 

Gl 

1849-'50, 

II 

II 

G7 

1851 -'52, 

t< 

ii 

G7 

1853-'54, 

it 

<< 

45 

1855-'56, 

II 

ii 

106 

1857-'58, 

it 

a 

97 

1859-'60, 

II 

II 

115 

Making  in  all,  (with  the  exception  of  the  year  1842,  which  I  can- 
not procure,)  the  alarming  total  of  683. 

It  will  hence  appear  that  this  evil  is  increasing  with  an  accelera- 
ted velocity.  Twenty  years  ago,  eighteen  Divorces  were  granted 
at  a  single  session  of  our  State  Legislature  ;  last  year,  one  hund- 
red and  fifteen  were  granted,  showing  an  increase  of  more  than 
six  hundred  per  cent,  in  twenty  years  !  Or  if  we  make  the  allow- 
ance between  annual  sessions  then,  and  biennial  sessions  now,  the 
increase  is  still  between  three  and  four  hundred  per  cent.  Should 
not  an  evil,  which  is  making  such  rapid  strides  into  the  very  cita- 
del of  society,  be  promptly  arrested,  and  that  sacred  Institution, 
the  marriage  relation,  be  restored  to  its  ancient  purity  ]  God 
has  thrown  around  it  the  most  solemn  sanctions  of  His  law,  ami 
guarded  it  by  the  most  terrible  penalties.  lie  who  violates  its 
sacred  vows,  incurs  the  most  awful  penalty  which  Heaven  can  in- 


370  HISTORY    AND    DEBATES    Of 

diet  :  he  has  his  portion  "in  tin-  lake  that  burns  with  fire  and 
brimstone."  The  Divine  Law-giver  has  thus  indicated  bo  us  the 
estimate  I  [e  placed  npon  this  part  of  I  lis  law.  And  since  the  vio- 
lation of  this  compact  incurs  the  heaviest  penalty,  which  is  in  the 
power  of  Almightiness  to  Inflict,  we  may  judge  of  the  magnitude 

of  the  evil  which  the  guilty  part  v  inflicts  upon  his  own  si>ul  ;  upon 

the  victim  of  his  lust,  upon  the  innocent  family,  upon  society, 
and  against  God.  For  let  it  never  be  forgotten,  that  in  addition 
to  his  own  ruin,  and  all  the  sad  consequences  to  his  family  and  so- 
ciety, the  wretched  man  has  linked  another  immortal  being  to  his 
own  destiny:  to  be  his  accusing  spirit  in  the  world  of  dispair. 
He  has  committed  treason  against  the  most  sacred  compact  which 
God  ever  formed  for  his  rational  creatures,  and  has  incurred  the 
penalty  of  treason ;  total  isolation  from  all  human  society,  and 
perpetual  infamy  so  long  as  he  lives.  Branded  with  a  mark  of  a 
Cain,  he  is  consigned  to  a  living  death,  This,  therefore,  is  the 
only  ground  on  which  the  law  of  God  permits  a  Divorce, 

I  have  said  that  marriage  is  a  Divine.  not  a  human  Institution; 
and  that  Divorces  for  any  cause  other  than  the  one  prescribed  by 
Cod  himself — adultery — are  unlawful.  The  Divine  injunction  is  : 
••  What  God  hath  joined  together,  let  no  man  put  asunder."  The 
interdiction  is  explicit,  universal  and  solemnly  imperative.  ''  Let 
not  man"    whether  as  Husband,  Judge,  Legislator,  or  what  not. 

'•put  asunder."  It  Is  an  Ordinance  of  God,  with  which  human 
power  may  not  interfere. 

"God  never  made  His  work  for  man  to  mend."'  The  most  sa- 
cred interests,  as  well  as  the  highest,  happiness  of  the  race,  depend 
upon  the  maintenance  <>t'  the  integrity  of  the  nuptial  relation. 
Whatever  ot'  felicity  earth  has  to  bestow,  is  found  in  the  cultiva- 
tion of  its  hallowed  virtues.  It  is  the  great  heart  of  the  entire  so- 
cial and  political  system.  Where  it  is  respected  and  preserved 
in  its  pristine  purity,  it  sends  the  glow  of  health  through  ever} 
member  of  thai  system;  but  let  it  become  vitiated  or  diseased, 

ami  the  contagion  spreads  through  all  the  extremities. 

As  the  grounds  of  Divorce  are  increased,  they  become  corres- 
pondingly numerous.  When  the  National  Assembly  in  France 
enacted  a  law  permitting  Divorces,  they  became,  within  three 
months,  as  numerous  in  Paris,  as  the  registered  marriages.  There 
were  upwards  of  //rot/;/  thousand  Divorces  granted  in  the  empire 
in  eighteen  months!  "This  law,"  said  a- distinguished  cotempo- 
raneous  French  author,  "will  soon  ruin  the  whole  nation." 

I  have  no  doubt,  that  one  of  the  most  prolific  causes  of  Divorce 
in  this  State,  is.  the  practical  operations  of  what  is  known  as  the 
"  Woman's  Law."      As  originally  enacted,  I  do  not  doubt,  it  was 


THE    CONVENTION    OF    ALABAMA*  871 

intended  i<>  protect  her  rights.  But  results  have  shown,  thai 
what  was  intended  for  her  protection,  has  proved  to  be  the  reverse. 
It  creates,  by  law.  two  separate  interests  in  the  same  family, 
where  God  designed  then-  should  be  but  one.  In  attempting  to 
keep  their  interests  separate  and  distinct,  differences  often  arise, 
which  the  natural  selfishness  of  the  parties,  and  the  course  of 
events,  intensifies,  until  final  separation  is  accepted  by  the  parties 
in  preference  to  perpetual  broils.  Every  lawyer  who  has  had 
extensive  practice,  knows  the  sad  truth  of  this  statement.  Di- 
vorces have  more  than  doubled,  in  this  State,  since  the  passage  of 
this  law.  It  ought  never  to  survive  the  meeting  of  another  Leg- 
islature. 

Again:  were  Divorces  limited  to  the  single  ground  indicated 
in  the  report  of  the  Committee,  the  marriage  contract  would  be 
framed  with  more  caution.  The  parties  would  know  that  their 
interests  and  destiny  through  life  were  one;  and  this  would  lead 
them,  on  the  one  hand,  to  practice  all  those  duties  of  affection  and 
kindness  essential  to  the  perpetuity  of  the*  relation;  and  on  the 
other,  to  exercise  that  generous  forbearance  towards  each  other's 
faults,  which  necessity  required. 

In  conclusion,  let  me  add.  that  as  you  diminish  the  grounds  of 
Divorce,  you  increase  the  odium  of  the  offense  which  legalizes  it. 
Let  the  law  embody  the  COrrecl  principle  in  this  case,  and  public 
opinion  will  soon  fix  upon  the  guilty  party  the  infamy  which  his 
crime  so  richly  merits.  The  great  alternative  now  is.  will  this 
Convention  heed  the  authority  of  God  Tor  the  clamors  of  the 
disaffected — or,  if  you  please,  the  unfortunate?  Is  it  not  better 
lo  allow  this  Institution  to  remain  in  all  its  purity,  as  it  came 
from  God,  than  to  compromise  it  to  human  convenience  ?  When- 
ever you  relax,  a  principle  to  fit  a  special  case,  you  demoralize 
that  principle.  ^;iy,  you  admit  a  principle  into  buman  jurispru- 
dence which  would  repeal  even  proposition  of  the  decalogue 
which  interest  or  prejudice  may  demand.  You  declare  that  God's 
law  is  not  binding,  when  it  conflicts  with  our  convenience  or  sup- 
posed interest.  In  these  perilous  times,  when  every  man  feels  a 
sense  of  dependence  upon  the  Lord  of  Hosts,  when  our  entire 
people  are  anxious  to  propitiate  his  smiles,  is  it  safe  for  us  to  in- 
augurate our  State  policy,  under  the  new  order  of  things,  with 
so  manifest  an  infraction  of  His  law,  which  is  "holy,  just  and 
good  .'"'  I  hope,  therefore,  Mr.  President,  that  the  report  of  die 
Committee  will  pass,  and  that  Alabama  will  place  herself  beside 
the  only  State  of  the  late  Union — South  Carolina — in  which  the 

marriage  relation    is    honored    and    respected  as  it  came  from  the 
hand  of  <  rod. 

'2\ 


372  AND    DEBATES    OF 

UA3T  DAY  Of  SECOND  SESSION. 

M ...   Dk\   -.  of  Madison,  offered  a  resolution,  which  was  unani- 
mously  adopted,  expressive  of  the  sense  of  the  Convention, 
their  high  estimation  of  their  Presidii  Wm.  M. 

Brooks,  and  returning  the  thanks  of  t li « •  Convention  for  the 
nified  and  impartial  manner  in  which  he  bad  ]  resided  over  I 
deliberations. 

Mk.  Buloer  offered  the  following  resolution,  which  was  unani- 
mously adopted : 

Resolved,  That   A.  G.  Horn,  the  Secretary,  is  entitled  to 
high  regard  of  the  members  of  the  Convention,  for  the  dignified 
cud  faithful  manner  in  which  he  has  discharged  the  arduous  duties 
of  his  office. 

Mr.  Webb  offered  the  following  resolution,  which  was  unani- 
mously adopted  : 

Resolved,  Thai  tin- thanks  of  this  Convention  arc  hereby  teri 
dered  to  the  1 1 « >u.  Uex.  B.  Clitherall,  for  his  faithful  and  able 
services,  rendered  as  Assistant  Secretary  of  this  Convention. 

[Mr.  Clitherall  had  acted  in  this  capacity  voluntarily,  for  the 
few  last  days  of  the  Convention,  some  of  the  Secretaries  being 
sick.] 

Mr.  Morgan  offered  the  following  resolution: 

Resolved,  That  the  Convention  tenders  its  thanks  to  Prank  L. 
Smith,  Assistanl  Secretary,  for  his  faithful  services,  rendered  at 
both  its  sessions. 

Some  little  business  was  left  unfinished,  and  still  pending. 

Mk.  Brooks,  the  President,  made  a  farewell  speech,  heartfelt 
and  touching. 

And  when  the  clock  struck  Tico,  on  Tuesday,  March  21,  1861, 
the  President  announced  thai  the  Convention  was  adjourned, 
sine  die. 


The  reader  is  referred  to  the  following  Appendix  for  the  Re- 
ports of  our  ( !ommissioners  to  other  States.  The  documents  are 
aide,  and  eminently  worthy  of  preservation. 


APPENDIX. 


REPORT  OF  HON.  STEPHEN  F.  HALE,  COMMISSIONER  TO  KEN- 
TUCKY, SUBMITTING  THE  CORRESPONDENCE  BETWEEN  THE 
COMMISSIONER  FROM  ALABAMA  AND  THE  GOVERNOR  OF 
KENTUCKY. 


To  His  Excellency  A.  B.  Moore, 

Governor  of  the  Stale  of  Alabama  : 

Under  the  authority  of  the  Commission  with  which  you  hon- 
ored me,  I  repaired  to  the  city  of  Frankfort,  in  the  State  of  Ken- 
tucky, on  the  26th  day  of  December  last.  The  Legislature  of 
that  State  was  not  in  session,  and  no  extra  session  had  then  been 
called  by  the  Governor ;  so  that  I  had  no  opportunity  of  confer- 
ring with  the  Legislative  department  of  the  Government.  I  was, 
however,  most  cordially  received  by  the  Governor,  and  immedi- 
ately opened  a  consultation  with  His  Excellency,  Beriah  Mc- 
Goffin,  the  Governor  of  the  State  of  Kentucky. 

The  nature  and  result  of  that  consultation  is  full)  disci.  >.-  i  bj 
the  official  correspondence  between  us,  herewith  submitted  for 
your  consideration.  On  the  day  after  my  arrival,  the  Governor 
issued  his  Proclamation  convening  the  Legislature  in  extra  session, 
on  the  17th  day  of  .January,  •'  t<>  take  into  consideration  the  inter- 
ests of  the  Commonwealth,  as  the  tame  may  be  involved  n,  or 
connected  with  the  present  distracted  condition  of  oar  oonunon 
country  " 

Receive  assurances  of  the  highest  consideration  and  e.-teem  of 
Your  friend  and  obedient  servant, 

S.  P.  H\LE. 


81   1  IIISTOKV     1X0     UKHATKS     OF 

To  II  ■  Ex  ellency  11.  McOoffin,  <  r  of  the   Commonu 

<>f  Kentucky: 

I  have  the  honor  of  placing  in  your  hands  herewith,  ■  Commis- 
sion from  the  Governor  of  the  Stele  of  Alabama,  accrediting  m 
u  a  Commissioner  from  that  State  tn  the  sovereign  State  of  Ken- 
tucky, to  coDsnlt  in  reference  to  the  momentooa  iesui  -  oow  pend- 
ing between  the  Northern  and  Southern  States  of  this  Confede- 
racy. Although  each  State,  as  a  sovereign  political  community, 
must  finally  determine  these  gravi  foi    itself,  yet  the  iden- 

tity of  interest,  sympathy,  and  institutions,  prevailing  alike  in  all 
the  shareholding  States,  in  the  opinion  of  Alabama,  renders  it  pro- 
hat  there  should  be  a  frank  and  friendly  consultation,  1  •  y  each 
one,  with  her  sister  Southern  States,  touching  their  common  griev- 
ances, and  the  measures  necessary  to  be  adopted  to  protect  the  in- 
st,  bonor,  and  safety  of  their  citizens. 

1  come,  then,  in  s  spirit  of  fraternity,  as  the  Commissioner  on 
the  part  of  the  State  of  Alabama,  to  confer  with  the  authorities 
•f  this  Commonwealth,  in  reference  tn  the  infraction  of  our  Con- 
stitutional  rights,  wrongs  done  and  threatened  to  he  done,  as  well 
■i-  tin'  mode  and  measure  of  redress  proper  t<>  be  adopted  by  the 
sovereign  States  aggrieved,  to  preserve  their  sovereignty,  vindicate 
their  rights  and  protect  their  citizens.  In  order  tn  a  clear  under- 
standing of  the  appropriate  remedy,  it  may  he  proper  to  consider 
the  rights  and  duties,  both  of  the  State  and  citizen,  under  the 
Federal  Compact,  as  well  as  the  wrongs  done  and  threatened. 

I  therefore  submit,  for  the  consideration  of  your  Excellency, 
the  rbUowiog  propositions,  which  I  hope  will  oommand  your  assent 
and  approval: 

I.  The  people  are  the  source  of  all  political  power;  and  the 
primary  object  of  all  good  Governments  is  to  protect  the  citizen 
in  the  enjoyment  »f  life,  liberty  and  property  ;   and  whenever  any 

form  of  Government  becomes  destructive  of  these  ends,  it  is  the 
inalienable  right,  and  the  duty  of  the  people  tn  alter  or  abolish  it. 
*J.  The  equality  of  all  tin-  States  of  this  Confederacy,  as  well 
as  the  equality  of  rights  of  all  the  citizens  of  the  respective 
States  under  the  Federal  Constitution,  is  a  fundamental  principle 
in  the  scheme  "i  the  federal  Government.  The  Union  of  these 
States  under  the  Constitution,- was  formed  "to  establish  justice, 
insure  domestic  tranquility,  provide  for  the  common  defense,  pro- 
mote the  general  welfare,  and  secure  the  blessings  of  liberty  to 
her  citizens  and  their  posterity;"  and  when  it  is  perverted  to  the 
destruction  of  the  equality  of  the  States,  or  substantially  fails  to 
accomplish  these  ends,  it  fails  to  achieve  the  purposes  of  its  crea- 
tion, and  ought  to  be  dissolved. 


TIIK    CONVENTION    OF    ALAUAMA.  375 

3.  The  Federal  Government  results  from  a  Compact  entered 
into  between  separate  sovereign  and  independent  State.-,  called 
the  Constitution  of  the  United  States,  and  Amendments  thereto, 
by  which  these  sovereign  States  delegated  certain  specific  powers 
to  be  used  by  that  Government,  for  the  common  defense  and  gen- 
eral welfare  of  all  the  States  and  their  citizens  ;  and  when  these 
powers  are  abused,  or  used  for  the  destruction  of  the  rights  oi 
any  State  or  its  citizens,  each  State  has  an  equal  right  to  judge  for 
itself,  as  well  of  the  violations  and  infractions  of  that  instrument, 
as  of  the  mode  and  measure  of  redress;  and  it  the  interest  or 
safety  of  her  citizens  demands  it,  may  resume  the  powers  she  had 
delegated,  without  let  or  hindrance  from  the  Federal  Government, 
or  any  other  power  on  earth. 

4.  Each  State  is  bound  in  good  faith  to  observe  and  keep,  on 
her  part,  all  the  stipulations  and  covenants  inserted  for  the  benefit 
of  other  States  in  the  Constitutional  Compact — the  only  bond  of 
Union  by  which  the  several  States  are  bound  together;  and  when 
persistently  violated  by  one  party  to  the  prejudice  of  her  siste< 
States,  ceases  to  be  obligatory  on  the  States  so  aggrieved,  and  they 
may  rightfully  declare  the  compact  broken,  the  Union  thereby 
formed  dissolved,  and  stand  upon  their  original  rights,  as  sovereign 
and  independent  political  communities;  and  further,  that  each 
citizen  owes  his  primary  allegiance  to  the  State  in  which  he  re- 
sides, and  hence  it  is  the  imperative  duty  of  the  State  to  protect 
him  in  the  enjoyment  of  all  his  Constitutional  rights,  and  see  to  it 
that  they  are  not  denied  or  withheld  from  him  with  impunity,  by 
any  other  State  or  Government. 

If  the  foregoing  propositions  correctly  indicate  the  objects  of 
this  Government,  the  rights  and  duties  of  the  citizen,  as  well  as 
the  rights,  powers  and  duties  of  the  State  and  Federal  Govern- 
ment under  the  Constitution,  the  next  inquiry  is,  what  rights  have 
been  denied,  what  wrongs  have  been  done,  or  threatened  to  be 
lone,  of  which  the  Southern  States,  or  the  people  of  the  Southern 
States,  can  complain  ? 

At  the  time  of  the  adoption  of  the  Federal  Constitution.  Afri- 
can slavery  existed  in  twelve  of  the  thirteen  States  Slaves  ate 
recognized  both  as  property,  and  as  a  basis  of  political  power,  by 
the  Federal  Compact,  and  special  provisions  are  made  bv  that  in- 
strument for  their  protection  as  property.  Under  the  iutlm  : 
if  climate,  and  other  eauaes,  slavery  ha-  been  banished  1'ioin  the 
Northern  States,  the  slaves  themselves  have  Inch  sent  to  the 
Southern  State.-,  and  there  sold,  and  their  price  gone  into  the 
pockets  of  their  former  owners  at  the  North.  \nd  in  the  mean- 
time, African  Slavery  has  not  only  become  odc   of  the  fixed  do- 


JJ7<>  BISTORT     AND     1MHMKS    OF 

tic  institutions  of  t lie  Southern  States,  bat  forou  an  important 

element  of  their  political  power,  and  constitutes  the  most  valuable 
■peeies  of  their  property— worth,  according  to  recent  estimates, 

not  less  than  four  thousand  millions  of  dollars;  forming,  in  fact. 
the  basis  upon  which  rests  the  prosperity  :i n<l  wealth  of  most  <>f 
these  States,  and  supplying  the  oommeree  of  the  world  with  its 
richest  freights,  ami  furnishing  the  manufactories  of  two  conti- 
nenta  with  the  raw  material,  and  their  operatives  with  bread.  It 
is  npoa  this  gigantic  interest,  this  peculiar  institution  of  the  South, 
that  the  Northern  States  and  their  people  have  been  waging  an 
unrelenting  and  fanatical  war  lor  the  last  quarter  of  a  century. 
An  institution  with  which  is  hound  up,  not  only  the  wealth  and 
prosperity  of  the  Southern  people,  hut  their  very  existence  as  a 
political  community.  This  war  has  been  waged  in  every  way  that 
human  ingenuity,  urged  on  by  fanaticism,  could  suggest.  They 
attack  us  through  their  literature,  in  their  schools,  from  the  hus- 
tings, in  their  legislative  halls,  through  the  public  press,  and  even 
their  courts  of  justice  forget  the  purity  of  their  judicial  ermine, 
to  strike  down  the  rights  of  the  Southern  slave  holder,  and  over- 
ride every  barrier  which  the  Constitution  has  erected  for  his  pro 
tection;  and  the  sacred  desk  is  desecrated  to  this  unholy  crusade 
against  our  lives,  our  property,  and  the  Constitutional  rights  guar- 
anteed to  us  by  the  Compact  of  our  Fathers.  During  all  this 
time  the  Southern  States  have  freely  conceded  to  the  Northern 
States,  and  the  people  of  those  states,  ever)  right  secured  to 
them  by  the  Constitution,  and  an  equal  interest  in  the  common 
Territories  of  the  Government  ;  protected  the  lives  and  property 
of  their  citi/ens  of  everj  kind,  when  brought  within  Southern 
jurisdiction ;  enforced  through  their  courts,  w  hen  neoessarj .  ever) 
law  of  Congress  passed  for  the  protection  of  Northern  property, 
and  submitted,  ever  Btnce  the  foundation  of  the  Government' 
with  scarcely  a  murmur,  bo  the  protection  ot  their  shipping, 
manufacturing  and  commercial  interest,  by  odious  bounties,  dis 
criminating  tariffs,  and  unjust  navigation-laws,  passed  by  the  Fed- 
era]  Government  to  the  prejudice  and  injur)  of  their  own  citizens. 
Tic-  law  of  Congress  for  the  rendition  of  fugitive  slaves,  passed 
m  pursuance  of  an  express  provision  of  the  Constitution,  remains 

almosl  S  dead  letter  upon  the   Statute    Book.      A  majority  of  the 

Northern  States,  through  their  legislative  enact  incuts,  have  openl) 

nullilie  I  it,  and  impose  heav\  lines  and  penalties  upon  all  persons 
who  aid  in  enforcing  this  law;  and  some  of  those  States  declare 
the  Southern  slave-holder,  who  goes  within  their  jurisdiction  to  as 
sert  bis  legal  rights  under  the  Constitution,  guilty  of  a  high  crime, 
and  affix  imprisonment  in  the  penitentiary  as  the  penalty.    The 


THE  CONVENTION  OF  ALABAMA.  377 

Federal  officers  who  attempt  to  discharge  their  duties  under  the 
law.  as  well  as  the  owner  of  the  slave,  are  set  upon  by  mobs, 
and  are  fortunate  it'  they  escape  without  serious  injury  to  life  or 
limb;  and  the  State  authorities,  instead  of  aiding  in  the  enforce- 
ment of  this  law.  refuse  the  use  of  their  jails,  and  by  every 
means  which  unprincipled  fanaticism  can  devise,  give  countenance 
to  the.  mob,  and  aid  the  fugitive  to  escape.  Thus,  there,  are  annu- 
ally large  amounts  of  property  actually  stolen  away  from  the 
Southern  Slates,  harbored  and  protected  in  Northern  States,  and 
by  their  citizens.  And  when  a  requisition  is  made  for  the  thief 
by  the  Governor  of  a  Southern  State  upon  the  Executive  of  a 
Northern  State,  in  pursuance  of  ibe  express  conditions  of  the 
Federal  Constitution,  he  is  insultingly  told  that  the  felon  has  com- 
mitted no  crime — and  thus  the  criminal  escapes,  the  property  of 
the  citizen  is  lost,  the  sovereignty  of  the  State  is  insulted — and 
there  is  no  redress,  for  the  Federal  Courts  have  no  jurisdiction 
to  award  a  mandamus  to  the  Governor  of  a  sovereign  State,  to 
compel  him  to  do  an  official  Executive  act,  and  Congress,  if  dis- 
posed, under  the  Constitution  Has  no  power  to  afford  a  remedy. 
These  are  wrongs  under  which  the  Southern  people  have  long  suf- 
fered, and  to  which  they  have  patiently  submitted,  in  the  hope 
that  a  returning  sense  of  justice  would  prompt  the  people  of  the 
Northern  States  to  discharge  their  Constitutional  obligations,  and 
save  our  common  country.  Recent  events,  however,  have  no« 
jnstilied  their  hopes;  the  more  daring  and  restless  fanatics  have 
banded  themselves  together,  have  put  in  practice  the  terrible  les- 
sons taught  by  the  timid,  by  making  an  armed  incursion  upon  the 
sovereign  State  of  Virginia,  slaughtering  her  citizens,  for  the  pur- 
pose of  exciting  a  servile  insurrection  among  her  slave  popula 
tiou,  and  arming  them  for  the  destruction  of  their  own  masters. 
hilling  the  past  summer,  the  Abolition  incendiary  has  lit  up  the 
prairies  of  Texas,  fired  the  dwellings  of  the  inhabitants,  burnt 
down  whole  towns  and  laid  poison  for  her  citizens — thus  literally 
executing  the  terrible  denunciations  of  fanaticism  against  the 
slave-holder — "Alarm  to  their  sleep,  fire  to  their  dwellings,  and 
poison  to  their  food." 

The   same   fell    spirit,   like   an    unchained  demon,  has  for 
swept  over  the  plains  of  |\:in-. is.  leaving  death,  desolation  and  ruin 
in  its  track.      Nor   is  this  the   mere  ebullition  of  a    few  half-craz\ 
fanatics,  as  is  abundantly  apparent    from  the  s\  mpathy  manifested 
all   over    til'1    North,  where,  in    many  places,  the   tragic  death    of 

John  Brown, the  leader  of  the  raid  upon  Virginia,  who  died  upon 
the  gallows  a  condemned  felon,  is  celebrated  with  public  honors. 

and  his  name  canonized  as  a  martyr  to  liberty  ;  and   many,  even 


EU8T0RT    AM'  OF 

of  tin-  d  i  native  papers  of  the  Black  Republican  Bchool. 

were  accustomed  t<>  Bpeak  of  his  murderous  attack  upon  the  1  i  \  <•- 
of  the  unsuspecting  citizens  of  Virginia,  in  ;i  half-sneering  and 
half-apologetic  tone.  An.l  what  has  the  federal  Government 
done  iii  the  meantime  bo  protect  slave  propertj  upon  the  common 
Derritories  of  the  I  nion?  Whilst  a  whole  squadron  of  the 
American  Navy  is  maintained  on  the  coast  of  Africa,  at  an  enor- 
mons  expense,  to  enforce  the  execution  of  the  laws  against  the 
slave  trade — and  properly,  too — and  the  whole  nav}  is  kept  afloat 
to  protect  the  lives  and  property  of  American  citizens  upon  the 
high  seas,  not  I  law  1ms  bees  paased  bj  Congress,  or  an  arm 
raised  by  the  Federal  Government,  to  protect  the  slave  property 
of  citizens  from  Southern  States  upon  the  soil  of  Kansas— the  com- 
mon Territory  and  common  property  of  the  citizens  of  all  the 
states — purchased  alike  by  their  common  treasure,  and  held  b) 
the  Federal  Government,  as  declared  l>\  the  Supreme  Court  <>t' 
the  United  States,  as  the  trustee  for  all  their  citizens;  but,  upon 
the  contrary,  a  Territorial  '  rovernment,  created  by  ( ongress,  and 
supported  out  of  the  common  treasury,  under  the  influence  and 
control  of  Emigrant  Aid  Societies  and  Abolition  emissaries,  is 
permitted  to  pass  laws  excluding  and  destroying  all  that  Bpeciee 
ut'  property  within  her  limits — thus  ignoring,  on  the  part  of  the 
Federal  Government,  one  of  the  fundamental  principles  <>t' al! 
[rood  Governments/  the  dutj  to  protect  the  propertj  of  the  citi- 
zen, and  wholly  refusing  to  maintain  the  equal  rights  of  the 
States  and  the  citizens  of  the  states  upon  their  common  Terri- 
tories. 

As  the  last  and  CrOWUlng  act    <'t'  insult    and    Outrage    upon    the 

pie  of  tlf  South,  the  citizens  of  the  Northern  States,  ly  over, 
whelming  majorities,  on  the  6th  daj  of  November  last,  elected 
Abraham  Lincoln  and  Hannibal  Hamlin,  President  and  Nice 
President  of  the  United  States.  Whilst  it  maj  be  admitted  that 
the  mere  election  of  any  man  to  the  Presidency,  is  uot,  per  8et 
i  sufficient  cause  for   a   dissolution    of  the  Union;   yet.  when   the 

i  upon,  and  circumstances  under  which  he  was  elected,  arc 
properly  appreciated  and  understood,  tin'  question  arises  whether 
a  due  regard  to  the  interest,  honor,  and  safcH  of  their  citizens. 
iu  view  of  this  and  all  the  other  antecedent  wrongs  and  outrages, 

■  lo  not  render  it  the  imperative  duty  of  the  Southern  States  to 

ne  the  powers  they  have  delegated  to  the   Federal  Govern 

ment,  and  interpose  their  sovereignty  for  the  protection  of  their 

itiz.ii--. 
What,  then  are  the  circumstances    under  which,  and    the  issues 

upon  which  he  was  elected  1     His  own  declarations,  and  the  cur- 


THE    CONVENTION    OF    ALABAMA.  IJ70 

rent  history  of  the  times,  but  too  plainly  indicate  he  was  elected 
by  a  Northern  sectional  vote,  against  the  most  solemn  warnings 
and  protestations  of  the  whole  South.  lie  stands  forth  as  the 
representative  of  the  fanaticism  of  the  North,  which,  for  the  last 
quarter  of  a  century,  has  been  making  war  upon  the  South,  her 
property,  her  civilization,  her  institutions,  and  her  interests;  as 
the  representative  of  that  party  which  overrides  all  Constitutional 
harriers,  ignores  the  obligation  of  official  oaths,  and  acknowledges 
allegiance  to  a  higher  law  than  the  Constitution,  striking  down  the 
sovereignty  and  equality  of  the  States,  and  resting  its  claims  to 
popular  favor  upon  the  one  dogma,  the  Equality  of  the  Races, 
white  and  black. 

Tt  was  upon  this  acknowledgement  of  allegiance  to  a  higher 
law.  that  Mr.  Seward  rested  his  claims  to  tin'  Presidency,  in  a 
speech  made  by  him  in  Boston,  before  the  election,  lie  is  the 
exponent,  if  not  the  author,  of  the  doctrine  of  the  Irrepressible 
Conflict  between  freedom  and  slavery,  and  proposes  that  the  op- 
ponents of  slavery  shall  arrest  its  further  expansion;  <m<]  by  Con- 
gressional Legislation  exclude  it  from  the  common  Territories  of 
tin  Federal  Governments  <ni</  place  if  where  the  public  mind  shall 
rest  in  the  belief  that   it   is   in    the   course  of  ultimate  extinction. 

He  claims  for  free  rtegroes  the  right  of  suffrage,  and  an  equal 
voice  in  the  Government— in  a  word,  all  the  rights  of  citizenship, 
although  the  Federal  Constitution,  as  construed  by  the  highest  ju- 
dicial tribunal  in  the  world,  does  not  recognize  Africans  imported 
into  this  country  as  slaves,  or  their  descendants,  whether  \'w>-  or 
-laves,  as  citizen-. 

These  were  the  issues  presented  in  the  last  Presidential  canvass', 
and  upon  these  the  American  people  passed  at  the  ballot-box. 

I  pon  the  principles  then  announced  by  Mr.  Lincoln  and  his 
leading  friends,  we  are  bound  to  expect  his  administration  to  he 
conducted.  Hence  it  is.  that  in  high  places,  among  the  Republi- 
can party,  the  election  of  Mr.  Lincoln  is  hailed,  not  Bimpl)  as  :i 
change  of  Administration,  but  as  the  inauguration  of  new  princi- 
ples, and  a  new  theory  of  Government,  and  even  as  the  downfall 
of  slavery.  Therefore  it  is  that  the  election  of  Mr.  Lincoln  can 
not  be  regarded  otherwise  than  a  solemn  declaration,  on  the  part 
of  a  great  majority  of  the  Northern  people,  of  hostility  to  the 
South,  her  property  and  her  institutions — nothing  less  than  an 
open  declaration  of  war — for  the  triumph  of  this  new  theorj  of 
Government  destroys  the  property  of  the  South.  la_\s  waste  her 

fields,  and  inaugurates  all  the  horrors  of  a  San  Domingo  servile 
insurrection,  consigning  her  citizens  to  assassinations,  and  her 
wives  and  daughters  to  pollution  and  violation,  to  gratify  the  lust 


880  BJSTOai    AM)    DKi  • 

of  half-civilized  Africans.     Especially  is  this  true  in  the  ootton- 
growing  States,  where,  in  many  localities,  the  slave  outnum 
tlic  white  population  ten  to  one. 

If  the  policy  of  the  Republicans  is  carried  out,  according  to  the 
programme  Indicated  bj  the  leaders  <>f  tho  party,  and  the  South 
submits,  degradation  and  rain  must  overwhelm  alike  all  ols 
of  citizens   In  the  Southern  States.     The  slave-holder  and  non- 
slave-holder  must  ultimately  share  the  same  fate — all  bedegra 

position  of  equality  with  free  negroes,  stand  Bide  by 
with  them  at  the  polls,  and  fraternize  in  all  the  social  relatioi 

life;    OT  else  there   will    lie  ;in   eternal   War    of   races,  desolating  the 

land  with  blood,  and  utterly  wasting  and  destroying  all  th< 
sources  of  the  countr)  . 

Who  can  look  upon  such  a  picture  without  a  shudder  I     What 
Southern  man,  be  be  ■lave-holder  <ir  non-slave-holder,  can  without 
indignation  and  horror  contemplate  the  triumph  of  negro  equal 
itv.  and  see  his  own  sons  and  daughters,  in  the  nut  distant  future, 
fating  with  free  negroes  upon  terms  ofpolitical  and  sooial 
equality,  and  the  white  man  stripped,  by  the  Heaven-daring  hand 
or  fanaticism  of  that  title  to  superiority  over  the  black  race  which 
God  himself  has  bestowed?     In  the  Northern  States,  where  free 
negroes  are  so  few  as  to  form  no  appreciable  part  of  the  oommu 
nity,  in  spite  of  all  the  legislation  tor  their  protection,  they  still 
remain  a  degraded  caste,  excluded  bj  the  ban  of  society  from 
cial  association  with  all  but  the  lowest  and  most  degraded  of  the 
white  race.      But  in  the  South,  where  in    many  places  the  African 

race  largely  predominates,  and,  as  a  consequence,  the  two  r« 
would  be  continually  pressing  together,  amalgamation,  or  th 
termination  of  the  one  or  the  other,  would  be  inevitable.     Can 
Southern  men  submit  to  Buch  degradation  and  ruin.'     God  forbid 
that  thej  should. 

But,  it  is  said,  there  are  man}  Constitutional,  conservative  men 
at  the  North,  who  sympathize  with  and  battle  for  us.  'That  is 
true;  but  the)  are  utterly  powerless,  as  the  late  Presidential 
election  unequivocally  Bhows,  to  breast  the  tide  of  fanaticism  that 
threatens  to  roll  over  and  crush  us.  With  them  it  is  a  question 
of  principle,  and  we  award  to  them  all  honor  for  their  loyalty  to 
the  Constitution  of  our  fathers.  But  their  defeat  is  not  their 
ruin.  With  us  it  is  a  question  of  self-preservation — our  lives, 
our  property,  the  safet)  of  our  homes  and  our  hearthst a — all 

that  men  hold  dear  on  earth,  is  involved  in  the  issue.  It'  we  tri- 
umph, vindicate  our  rights  and  maintain  out  institutions,  a  bright 
and  joyous  future  lies  before  us.  We  can  clothe  the  world  with 
our  staple,  give  wings  to  her  commerce,  and  supply  with  bread 


THE  CONVENTION  OF  ALABAMA.  381 

the  starving  operative  in  other  lands,  and  at  the  same  time  pre- 
serve an  institution  that  has  done  more  t<>  civilize  and  Christian- 
ize the  heathen  than  all  human  agencies  besidi — an  institution 
alike  beneficial  to  both  races,  ameliorating  the  moral,  physical 
and  intellectual  condition  of  the  one,  and  giving  wealth  and  hap- 
piness to  the  other.  [f  we  fail,  the  ligb.1  of  our  civilization  goes 
down  in  Hood,  our  wives  and  our  little  ones  will  he  driven  from 
their  homes  by  the  lighl  of  our  own  dwellings.  The  dark  pall 
of  barbarism  must  soon  gather  over  our  sunny  land,  and  the 
scenes  of  West  India  emancipaf  ion,  with  its  attendant  horn.rs  and 
crimes  (that  monument  of  British  fanaticism  and  folly),  be  re- 
enacted  in  our  own  land  upon  a  more  gigantic  scale. 

Then,  is  it  not  time  we  should  lie  op  and  doing,  like  men  who 
know  their  rights  and  dare  maintain  them?  To  whom  shall  the 
people  of  the  Southern  States  look  for  the  protection  of  their 
rights,  interests  and  honor?  We  answer,  to  their  own  sons  and 
their  respective  States.  To  the  States,  as  we  have  seen,  under 
our  system  of  Government,  is  due  the  primary  allegiance  of  the 
citizen  ;  and  the  correlative  obligation  of  protection  devolves  upon 
the  respective  States — a  duty  from  which  they  cannot  escape,  and 
which  they  dare  lmi  neglect  without  a  violation  of  all  the  bonds 
of  fealty  that  ho], I  together  the  citizen  and  the  sovereign. 

The  Northern  States  and  their  citizens  have  proved  recreant  to 
their  obligations  under  the  Federal  Constitution ;  they  have  vio- 
lated that  Compact,  and  refused  to  perform  their  covenants  in 
that  behalf. 

The  federal  Government  has  tailed  to  protect  the  rights  and 
property  of  the  citizens  of  the  South,  and  is  about  to  pass  into 
the  hands  of  a  part)-  pledged  for  the  destruction,  not  only  of  their 
rights  and  their  property,  hut  the  equality  of  the  States  ordained 
by  the  Constitution,  and  the  heaven-ordained  superiority  of  the 
white  over  the  black  race.  What  remains,  then,  for  the  South- 
ern States,  and  the  people  of  these  States,  if  they  are  loyal  to 
the  great  principles  of  civil  and  religious  liberty,  sanctified  by 
the  sufferings  of  a  seven-year's  war.  and  baptized  with  the  Mood 
of  the  Revolution  .'  Can  they  permit  the  rights  ,,f  their  citizens 
to  bo  denied  and  spurned.'  their  property  spirited  away,  their 
own  sovereignty  violated,  and  themselves  degraded  to  the  ; 
tion  of  mere  dependencies,  instead  of  sovereign  States?  "i  shall 
each  tor  itself,  judging  of  the  infractions  of  the  Constitutional 
Compact,  as  well  as  the  mode  and  measure  of  redress,  declare 
that  the  covenants  of  that  sacred  instrument,  in  their  behalf  and 
for  the  benefit  of  their  citizens,  have  been  wilfully,  deliberately, 
continuously  and  persistently  broken  and  violated  l.\  the  other 


3£2  HI8TORV    AND    DEBATES    01 

parties  to  the  compact,  and  thai  they  and  theii  ire  there- 

fore absolved  from  all  further  obligations  to  keep  and  perform  the 
enants  thereof,  resume  the  powers  delegated  to  the  Federal 
Government,  and,  aa  sovereign  States,  form  other  relations  for 
the  protection  of  their  citizens  and  the  discharge  of  the  great 
ends  of  Government  .'  The  Union  of  these  States  was  ou 
fraternity  as  well  as  equality]  bu1  what  fraternity  now 

a  the  citizens  of  the  two  sections?  Various  religious  a 
ciations,  powerful  in  numbers  and  influence,  have  been  broken 
asunder,  and  the  sympathies  thai  bound  together  the  peopli 
the  several  States,  at  the  time  of  the  formation  of  the  Constitu- 
tion, has  ceased  to  exist,  and  feelings  of  bitterness,  and  even  hos- 
tility, have  sprung  up  in  its  place.  Il"\\  can  this  be  reconciled, 
and  a  spirit  of  fraternity  established  .'  Will  the  people  of  the 
North  cease  to  make  war  up' hi  tin-  institution  of  Slavery,  and 
award  to  it  the  protection  guaranteed  by  the  Constitution  .'  The 
accumulated  wrongs  of  many  years,  the  late  action  of  their  mem- 
bers in  Congress  refusing  every  measure  of  justice  to  the  South. 
as  well  as  the  experience  of  all  the  past,  answers.  2Vb,  m 

Will  the  South  give  up  the  institution  of  slavery,  and  c 
thai  her  citizens  lie  stripped  of  their  property,  her  civilization 
destroyed,  the  whole  land  laid  waste  liy  lire  and  sword?  .' 
impossible;  she  can  not.  she  will  not.  Then  why  attempt  longer 
to  hold  together  hostile  States  under  the  stipulations  of  a  violated 
Constitution?  It  is  impossible;  disunion  is  inevitable.  Win 
then  wait  longer  lor  the  coiisuuimat ion  of  a  result  that  must 
come?  Why  waste  further  time  in  expostulations  and  appeals 
to  Northern  States  and  their  citizens.  « » 1 1 1 \  to  b  ■  met.  as  we  have 
been  for  years  past,  bj  renewed  insults  ad  repeated  injuries' 
Will  the  South  lie  better  prepared  to  meet  the  emergency  when 
die  North  shall  lie  strengthened  by  the  admission  of  tin-  new  ter- 
ritories of  Kansas.  Nebraska,  Washington,  Jefferson,  Nevada, 
Idaho.  Chippewa,  and  Arizonia.  as  non-slaveholding  States,  a. 
are  warned  from  high  sources  will  he  done  within  the  next  four 
re,  under  the  administration  of  Mr.  Lincoln?  Can  the  true 
men  at  the  North  ever  make  a  more  powerful  or  successful  rally 
for  the  preservation  of  our  rights  and  the  Constitution,  than  the\ 

did  in  tlie  last  Presidential  contest!''     There  is  nothing  to  inspire 
a  hope  that  they  can. 

Shall  we  wait  until  our  enemies  shall  possess  themselves  ol  all 
die  powers  of  the  Government f  until  Abolition  Judges  are  on 
the  Supreme  Court  bench,  Abolition  Collectors  at  every  port. and 
Abolition  Postmasters  in  every  town,  secret  mail  agents  travers- 
ing the  whole   land,  and   a  subsidized   Press  established   in  our 


THE  CONVENTION  OF  ALAUAMA.  i'.S". 

midst  to  demoralize  our  people  ?  Will  we  be  stronger  then,  or 
better  prepared  to  meet  the  struggle,  if  a  struggle  must  come  1 
No,  verily  !  Winn  that  time  shall  come,  well  may  ouradversa 
laugh  at  our  folly,  and  deride  <>ur  impotence.  The  deliberate 
judgment  of  Alabama,  as  indicated  by  the  Joint  Resolutions  of 
her  Genera]  Assembly,  approved  February  24.  1860,  is,  that  pru- 
dence, patriotism,  ami  loyalty  to  all  the  greal  principles  of  civil 
liberty  incorporated  in  our  Constitution,  and  consecrated  by  the 
memories  of  tlte  past,  demand  thai  all  t  he  Southern  States  should 
now  resume  their  delegated  powers,  maintain  the  rights,  interests 
and  honor  of  their  citizens,  and  vindicate  their  own  sovereignty. 
And  she  most  earnestly,  but  respectfully,  invites  her  Bister  sover- 
eign State.  Kentucky,  who  so  gallantly  vindicated  the  sovereignty 
of  the  States  in  1 1i>S,  to  the  consideration  of  these  grave  and  vi- 
tal questions,  hoping  she  may  concur  with  the  State  of  Alabama 
in  the  conclusions  to  which  she  has  heeu  driven  by  the  impending 
dangers  that  now  surround  the  Southern  States.  But  if.  on  ma- 
ture deliberation,  she  dissents  on  any  point  from  the  conclusions 
to  which  the  State  of  Alabama  has  arrived,  on  behalf  of  that 
State  i  most  respectfully  ask  a  declaration  by  this  venerable  Com- 
monwealth of  her  conclusions  and  position  on  all  the  issues  dis- 
cussed in  this  communication;  and  Alabama  most  respectfully 
urges  upon  the  people  and  authorities  of  Kentucky  the  startling 
truth  that  submission  or  acquiescence  on  the  part  of  the  Southern 
States,  at  this  perilous  hour,  fill  enable  Black  Republicanism  /<< 
redeem  nil  its  nefarious  pledges,  <<ml  accomplish  oil  ita  flagitious 
ends;  and  that  hesitation  or  delay  in  their  action  will  he  miscon- 
ceived and  misconstrued  by  their  adversaries,  and  ascribed,  nol 
to  that  elevated  patriotism  that  would  sacrifice  all  but  their  honor 
to  save  the  Union  of  their  Fathers,  but  to  division  and  dissension 
among  themselves,  and  their  consequent  weakness:  that  prompt. 
bold  and  decided  act ioifis  demanded  alike  by  prudence,  patriotism 
and  the  safety  of  their  citizens. 

I''  :;nit    me.   in   conclusion,  on  behalf  of  the  State  of  Alabama. 

to  express  my  high  gratification  at  the  cordial  manner  in  which 

I  have  been  received,  as  her  Commissioner,  by  the  authority 
the  Stat.'  of  Kentucky,  as  well  as  the  profound  personal  gratifica- 
tion  which,  as   a   son    of  Kentucky,  born   and    reared    within    her 
border-.  I   feel,  at  the  manner  in  which  I.  as  the  Commissioner 
from  the  State  of  my  adoption,  have  been  received  an. I  treated  by 

the   authorities   of  the   State    of  my  birth.      Please   BCCept    alli- 
ances of  the  high  consideration  and   esteem  "t 

Your  obedient  servant,  etc..  S.    Y  .   HALE, 

Commissioner  from  the  State  of  Alabama. 
Fr<ndfnrt.  Derember21,  I860. 


•">M  HISTORY    AND    DKBATM    "h 

Bxsccmvi    I  >kpahtmkn  r,  / 

l-'li  ANKK..KT,     l\V..     I  Vermin   f   '>.     [86 

T<>  How.  8.  V.  IIm.k. 

Commissioner  from  tin  StaUof  Alabama  : 

Your  communication  of  the  27th  inst..  addressed  to  mc  bj  au- 
thority of  the  State  of  Alabama,  bai  been  attentively  read. 

I  concur  with  you  iii  the  « »|»i»ii« »ii  thai  the  grave  political  issues 
yel  pending  and  undetermined,  between  the  slaveholding  and  non- 
alave-holding  States  of  the  Confederacy,  are  of  a  character  to  ren- 
der eminently  proper  and  highly  important  a  full  and  frank  con 
fbrenee  on  the  pari  ol  the  Southern  members,  identified,  as  the) 
undoubtedly  are.  bj  a  common  interest,  bound  together  by  mu- 
tual sympathies,  and  with  the  whole  social  fabric  resting  on  homo- 
geneous institutions.  And  coming,  as  you  do,  in  a  spirit  of  fra- 
ternity, by  virtue  of  ■  commission  from  a  sister  Southern  state. 
to  confer  with  the  authorities  of  this  state  in  reference  to  the 
measures  necessary  to  be  adopted,  to  proteel  the  interests  and 

maintain  the  honor  and  safety  of  the    States   and    their  citizens,  I 

extend  you  a  eordial  welcome  to  Kentucky. 

You  have  not  exaggerated  the  grievous  wrongs,  injuries  and 
indignities  to  which  the  slave-holding  States  and  their  citizens 
have  Long  submitted,  with  a  degree  of  patience  and  forbearance 
justly  attributable  alone  to  that  elevated  patriotism  and  devotion 
to  the  I  nion  which  would  lead  them  to  sacrifice  well  nigh  all.  sn e 
honor,  to  recover  the  Government  to  its  original  integrity  of  ad- 
ministration, and  perpetuate  the  Union  upon  the  basis  of  equality 
established  by  the  founders  of  the  Republic.  I  may  even  a. Id. 
that  the  people  of  Kentucky,  bj  reason  of  their  geographical  po- 
sition, and  nearer  proximity  to  those  who  seem  so  madl)  beni 
upon  the  destruction  of  our  Constitutional  guarantees,  realize  vet 
more  fully  than  our  friends  farther  South,  the  intolerable  wrongs 
and  menacing  dangers  you  have  bo  elaborately  recounted.  Nor 
are  you,  in  m\  opinion,  more  keenly  alive  than  are  the  people  of 
this  State  to  the  importance  of  arresting  the  insane  crusadi 
long  waged  againsl  our  institutions  and  our  society  l>\  measures 
which  shall  be  certain  1}  effective.  Tlie  rights  of  African  slavery 
in  the  United  States,  and  the  relations  of  the  Federal  Govern- 
ment to  it,  as  an  institution  in  the  States  and  Territories,  most 
assuredly  demand,  at  this  time,  explicit  definition  and  final  recog 
nition  by  the  North.  The  slaveholding  States  are  now  impelled 
by  the  very  highest  law  of  self-preservation  to  demand  that  this 
settlement  should   be  concluded,  upon   such  a   liasis  as  shall    not 


THE  CONVENTION  OF  ALABAMA.  385 

only  conserve  the  institution  in  localities  where  it  is  now  recog- 
nized, but  secure  its  expansion,  under  no  other  restrictions  than 
those  which  the  laws  of  nature  may  throw  around  it.  That  uti 
necessary  conflict  between  (voc  labor  and  slave  labor,  but  recenth 
inaugurated  by  the  Republican  party,  as  an  element  in  our  politi- 
cal struggles,  must  end  :  and  the  influence  of  soil,  of  climate  and 
local  interests,  left  unaided  and  unrestricted  save  by  Constitu- 
tional limitations,  to  control  the  extension  of  slavery  over  the 
public  domain.  The  war  upon  our  social  institutions  and  their 
guaranteed  immunities,  waned  through  the  Northern  press,  reli- 
gious and  secular,  and  now  threatened  to  be  conducted  by  a 
dominant  political  organization,  through  the  agency  of  State  Le- 
gislatures and  the  Federal  Government,  must  be  ended.  Our 
safety,  our  honor,  and  our  self-preservation,  alike  demand  that 
our  interests  be  placed  beyond  the  reach  of  further  assault. 

The  people  of  Kentucky  may  differ  variously  touching,  the  na- 
ture and  theory  of  our  complex  system  of  Government;  but 
when  called  upon  to  pass  upon  these  questions  at  the  polls,  1  think 
such  an  expression  would  develop  no  material  variance-  of  senti- 
ment touching  the  wrongs  you  recite,  and  the  necessity  of  their 
prompt  adjustment.  They  fully  realize  the  fatal  result  of  long(  i 
forbearance,  and  appreciate  the  peril  of  submission  at  this  junc- 
ture. Kentucky  would  leave  no  effort  untried  to  preserve  the 
Onion  of  the  States  upon  the  hasis  of  the  ( 'oust  i  tut  ion  as  we  con- 
strue it  ;  but  Kentucky  will  never  submit  to  wrong  and  dishonor, 
let  resistance  cost  what  it  may.  Unqualified  acquiescence  in  the 
administration  of  the  Government,  upon  the  Chicago  Platform,  in 
view  of  the  movements  already  inaugurated  at  the  South,  and  the 
avowed  purposes  of  the  representative  men  of  the  Republican 
party,  would.  I  feel  assured,  receive  no  favor  in  this  State; 
whether  her  citizens  shall,  in  the  last  resort,  throw  themselves 
upon  the  righl  of  revolution  as  the  inherenl  right  of  a  free  peo- 
ple never  surrendered,  or  shall  assert  the  doctrine  of  secession, 
•  •an  be  of  little  practical  import.  When  the  time  for  action 
comes — and  it  is  now  fearfully  near   at  hand — OUT    people  will  In 

found  rallied  as  a  unit  under  the  flag  of  resistance  to  intolerable 
wrong;  and  being  thus  consolidated  in  feeling  and  action,  I  max 
well  forego  any  discussion  of  the  abstract  theories  to  which  on< 
party  or  another  may  hold  \i>  cover  their  resista 

It  is  true  that,  as  sovereign  political  communities,  the  States 
must  determine,  each  tor  itself  the  grave  issues  now  presented; 
and  it  may  be  that,  when  driven  to  the  dire  extremity  of  severing 
their  relations  with  the  Federal  Government,  formal  independent 
separate  State  action  will  be  proper  and  necessary.     Hut  resting, 


3,N(i  BU8T0KT    and    DKBATM    Of 

litical  communities,  upon  a  oommoo  social  or$ 
tuting  the  sole  object  of  attack  and  invasion.' 
fronted  by  a  common  enemy,  encompassed  by  a  common  peril — 
in  a  word,  involved  in  one  common  cause — it  i  to  oar 

that  tlic  mode  and  manner  <>t"  defense  an  I  redress,  should  be  d< 
termincd  in  a  full  and  free  conference  ol  all  the  Southei 
and  that  their  mutual  safety  requires  full  cooperation  in 
<>ut  the  measures  there  agreed  upon.     The  source  whence  oppres- 

is  now  to  he  apprehended  is  an  organized  power,  a  political 
Government  in  operation,  to  which  resistance,  though  ultimately 

ssful — and  1  do  not  for  a  moment  question  the  issue — mighi 
costly  and  destructive.     We  should   look  these  facts  in  th- 

nor  close  our  eyes  to  what  we  may  reasonably  expect  tocn- 
eounter.  1  have  therefore  thought  that  a  due  regard  to  the  opin- 
ions of  all  the  slavehdlding  Stat.--,  would  require  that  those  mea- 
sures which  concern  all  alike,  and  must  ultimately  involve  all. 
should  he  agreed  upon  in  common  convention,  and  sustained  b\ 
united  action. 

[  have  before  expressed  the  belief  and  confidence,  and  do 
now  totally  yield  the  hope,  that  if  such  a  Convention  of  delegates 
from  the  slave-holding  states  lie  assembled,  and.  after  calm  deli 
Deration,  present  to  the  political  party  now  holding  the  domin 
ance  of  power  in  the  Northern  States,  and  soon  to  assume  tie 
reins  of  national  power,  the  firm  alternative  of  ample  guarantees 
to  all  our  rights,  and  security  lor  future  immunity,  or  resistance. 

our  jusl  demands  would  lie  conceded,  and  the  I  oion    I'c    perpetU 

ated  stronger  than  before.  Sudi  an  issue,  so  presented  to  the 
Congress  of  the  United  States,  and  to  the  Legislatures  and  people 
of  the  Northern  States  [and  it  is  practicable,  in  abundant  time 
befpre  the  Governraenl  lias  passed  into  other  hands], would  conn 
with  a  moral  force  which,  if  not  potent  to  control  ti  '.'the 

representative  men.  mighi  produce  a  voice  from  their  constitu- 
ents which  would  influence  them.  Hut  it'  it  fail,  our  cause  would 
emerge,  if  possible,  stronger,  fortified  by  the  approbation  of  thfc 
whole  conservative  sentimejil  of  the  country,  and  supported  by  a 
host  of  Northern  friends,  who  would  prove,  in  the  ultimate  fa 
mo8l  valuable  allies.  Avfter  such  an  effort,  every  man  in  the 
slave-holding  States  would  feel  satisfied  that  all  had  Keen  done 
which  could  be  done,  to  preserve  the  legacy  bequeathed  usbythe 
patriots  of  '76  and  the  statesmen  of '89,  and  the  South  would 
stand  in  solid,  unbroken  phalanx,  a  unit.  In  the  brief  time  left, 
it  seems  to  mi'  impracticable  to  efFecl  this  objeel  through  the 
agency  of  Commissioners  sent  to  the  different  States.  A  Con- 
vention of  authorized  delegates  is  the  true  mode   of   bringing 


I  UK  CONVENTION  OF  ALABAMA.  387 

about  cooperation  among  the  Southern  States,  and  to  that  move- 
ment I  Would  respectfully  ask  your  attention,  and  through  you 
solicit  the  cooperation  of  Alabama.  There  is  yet  another  subject 
upon  which  the  very  highest  considerations  Appeal  for  an  united 
Southern  expression.  On  the  4th  of  March  next,  the  Federal 
Government,  unless  contingencies  now  unlooked  for  occur,  will 
pass  into  the  control  of  the  Republican  party.  So  far  as  the  po- 
licy of  the  incoming  Administration  is  foreshadowed  in  the  ante 
cedents  of  the  President  elect,  in  the  enunciations  of  its  represen- 
tative men,  and  the  avowals  of  the  press,  it  will  l>e  to  ignore  the 
acts  of  sovereignty  thus  proclaimed  h\  Southern  States,  and  <>l 
coercing  the  continuance  of  the  Union.  Its  inevitable  result,  will 
be  civil  war,  of  the 'most  fearful  and  revolting  character.  Now, 
however  the  people  of  the  South  may  differ  as  to  the  mode  i  I 
measure  of  redress,  I  take  it  thai  the  fifteen  slave-holding  States 
arc  united  in  opposition  to  such  a  policy,  and  would  stand  in  solid 
column  to  resist  the  application  or  force  by  the  Federal  authority 
to  coerce  the  seceding  States.  Hut  it  is  of  the  utmost  importance 
that,  before  such  a  policy  h  attempted  to  be  inaugurated,  tbe  voice 
of  the  South  should  he  heard  in  potential,  official,  and  united  pro- 
test. Possibly  the  incoming  Administration  would  not  be  so  dead 
to  reason  as,  after  such  an  expression,  to  persist  in  throwing  the 
country  into  civil  war,  and  we  may,  therefore,  avert  the  calamity. 
An  attempt  ''to  enforce  the  laws,  by  blockading  two  or  three 
Southern  States  would  he  regarded  as  quite  a  different  affair  from 
a  declaration  id'  war  against  thirteen  millions  of  freemen  ;  and  if 
Mr.  Lincoln  and  his  advisers  he  made  to  realize  that  such  would 
he  the  issue  of  the  ••  force  policy,''  it  will  be  abandoned.  Should 
we  not  realize  to  our  enemies  that  consequence,  and  avert  the  dis- 
astrous results'  Hut  il*  our  enemies  be  crazed  by  victory  and 
power,  and  madly  persist  in  their  purpose,  the  South  will  be  bet- 
ter prepared  to  r<  .-ist. 

You  a.-k  the  cooperation  of  the  Southern  States  in  order  to  re- 
drew our  wrongs  :  bo  do  we.  You  have  no  hope  of  a  redress  in 
the  Union.  We  yet  look  hopefully  to  assurances  that  a  powerful 
reaction  i-  going  on  at  the  North.  You  seek  a  remedy  in  seces- 
sion from  the    Union.      We  wish    the   united   action    of  the   slave 

States,  assembled  in  Convention  within  the  Union.     You  would 

act  separately:    we  unitedly.     If  Alabama  and  the  other  slave 

State.-    would    meet    ib    in   Convention,    say    at    Nashville,    or    • 

win  re,  aa  early  a-  the  ."ith  day  of  February,  I  do  not  doubt  that,  wc 
would  agree,  in  forty-eight  hours,  upon  such  reasonable  guaran- 
tees, by  way  of  amendment  to  the  Constitution  of  the  United 
States,  as  would  command  at  least    the  approbation  of  our  num.  r 


.{BS  HISTORY     AM)     I>EH.W»     01 

fiint. Is  in  the  free  States,  sad  by  giving  them  time  to  make 
*.Le  question  with  the  people  there,  soon  b  reaction  in  public  opin- 
ion might  yet  take  place  as  to  secure  us  our  righto,  and  save  the 
Governmi  Mt  It  the  <  lVi.rt  failed,  the  S< >u t li  would  be  united  to  ■ 
iii.in.  the  North  divided,  the  horrors  of  civil  war  would  be  averted — 
it'  anything  can  avert  the  calamity.      Ami    it'  that  1>"  DOl  possible, 

would  he  in  a  better  position  to  meet  the  dreadful  colliaioa 
l!y  such   action,  too,  if  it  failed  to  preserve  the  Government,  the 
basis  of  another  Confederacy  would  have  hen  agr  and 

the  new  Government  would,  in  t hi.--  mode,  be  launched  into  opera. 
•i  m  much  more  speedily  and  easily  than  by  the  action  you  prop 

In  addition  to  the  foregoing,  1  have  the  honor  to  refer  you  to 
i ii y  letter  of  the  Kith  ult.,  to  the  editor  of  the  S  soman,  and  to  my 
Fetter  to  the  Governors  of  the  slave  States,  dated  the  9th  Decem- 
ber, herewith  transmitted  to  you.  which,  together  with  what  I 
have,  sail  in  this  communication,  embodies,  with  all  due  deference 
to  the  opiuions  of  others,  in  my  judgment,  the  principles,  policy, 
md  position  which  the  slave  States  ought  to  maintain. 

The  Legislature  of  Kentucky  will  assemble  on  the  17th  of 
.aiiu.iiy.  when  the  sentiment  of  tin  State  will  doubtless  find  offi- 
cial expression.  Meantime,  if  the  action  of  Alabama  shall  hear 
vested  until  the  Conference  she  has  soughl  can  be  concluded  by 
iinmunicatioii  with  that  department  of  the  Government,  I  shall 
he  pleased  to  transmit  to  the  Legislature  your  views.  I  regr< 
e  seen,  in  the  recent  messages  of  two  or  three  of  our  Southern 
r  States,  a  recommendation  of  the  passage  of  laws  prohibiting 
the  purchase,  by  the  citizens  of  those  States,  of  the  slave-  of  the 
horder  Blaveholding  State-.  Such  a  course  is  not  only  liable  to 
the  objection  so  often  urged  by  us  against  the  Abolitionists  of  the 
North,  of  an  endeavor  t>  prohibit  the  slave  trade  between  the 
States,  hut  is  likewise  wanting  in  that  fraternal  feeling  which 
should  he  common  (0  States  which  are  identified  in  their  institu- 
tions and  interests.  It  affords  me  pleasure,  however,  to  add,  as  an 
«Ct  of  justice  to  your  State,  that-  1   have  Been  no  indication  of  such 

-  purpose  on  the  part  of  Alabama.  It  would  certainly  i>e  consid- 
ered an  act  of  injustice,  for  the  holder  slaveholding  States  to  ]>ro 
liihit,  by  their  legislation,  the  purchase  of  the  products  of  the 
cotton-growing  States,  even  though  it  be  founded  upon  the  mis 
f  lkcn  policy  of  protection  to  their  own  interests. 

I  cannot  close  this  correspondence  without  again  expressing  to 
you  my  gratification  in  receiving  you  as  the  honored  Commissioner 
from  your  proud  and  chivalrous  State,  and  at  your  courteous,  able, 
dignified  and  manly  hearing  in  discharging  the  solemn  and  im- 
portant duties  which  have  been  assigned  to  you. 


THE  CONVENTION  OF  ALABAMA.  389 

I  have  the  honor  to  he,  with  sentiments  of  high  consideration, 
Your  friend  and  obedient  servant, 

B.  MAGOFFIN. 


Frankfort,  Ky.,  Jan.  1,1861. 

To  Sis  Excellency  />'.  Magoffin,  Governor  of  the  Commonwealth 

of  Ken  tuck;/  : 

Your  communication  6f  the  USth  ult.,  in  reply  to  the  communi- 
cation I,  as  the  Commissioner  from  the  State  of  Alabama,  had  the 
honor  of  submitting  for  your  consideration,  on  the  27th,  has  just 
been  placed  in  my  hands,  and  shall  promptly  be  laid  before  tin- 
Governor  of  Alabama.  Be  assured  that  the  communication  of 
your  Excellency  will  receive,  from  the  authorities  of  the  State  of 
Alabama,  that  full  and  candid  consideration  due,  as  well  to  the 
magnitude  of  the  subject  discussed,  as  the  high  source  from  which 
it  emanates;  and  I  doubt  not,  that  in  the  hour  of  trial,  Kentucky 
and  Alabama  will  be  found  standing  side  by  side  in  defense  of 
the  rights,  interests  and  honor  of  their  citizens. 

In  closing  our  official  correspondence,  permit  me  again  to  ex- 
press  my  high  appreciation  of  the  cordial  welcome  extended  to 
me  as  the  Commissioner  from  Alabama,  as  well  as  your  many  acts 
of  courtesy  and  kindness  to  me  personally,  during  my  sojourn  at 
your  capital. 

And  accept  assurances  of  the  high  consideration  and  esteem  of 
Your  friend  and  obedient  servant, 

S.  P.  HALE. 


REPORT  OF   THE  HON.  JOHN  A.   ELMORE,  COMMISSIONER  TO 
SOUTH  CAROL1B  » 

Montgomery,  January  5,  1861 
l.  /;.  Moore : 

Sir:   1  waa  bonored  by  your    Excellency  with  the  appointment 

of  Commissioner  to  the  State  of  South  Carolina)  to  confer  with 
her  Governor  and  hex  Convention,  about  to  assemble  on  the  17th 
of  December  last,  on  the  political  condition  of  the  slaveholdin^ 
States  of  the  Union,  in  the  present   crisis.     The  principal  objeel 

of  my  mission  was  for  consultation  with  that  State,  through  hi  • 


:;'.»<>  histori    in  ot 

rnor  and  Convention,  by  a  full  and  free  interoharge  of  < •  | •  i u - 
ion,  as  to  the  besl  Bourse  to  be  pursued,  in  view  of  1 1 1 « -  dai 
impending  over  the  Southern  States,  to  avert  those  dangers,  and 
t"  unite   those  States  in  i  common  anion  in  defenoe  of    their 

1  left  this  place  on  the  13tb  December  last,  and  arrived  in  Co- 
lumliia.  the  place  of  meeting  of  the  South  Carolina  Convention, 
and  where  tic  Legislature  was  still  in  session,  on  the  I  l;h. 
about  5  o'clock,  P.  M.  The  lateness  of  the  li"iir  of  my  arrival, 
prevented  my  calling  upon  the  Governor  on  that  evening.  My 
arrival  had  been  ocpected,  and  immediately  on  reaching  my  hotel 
I  was  culled  on  by  numerous  persons,  members  of  the  Legislature 
and  others,  who  were  filled  with  the  dccpeBt  anxiety  t"  ascertain 
the  feeling  of  this  State,  and  who  were  greatly  cheered  by  the  in- 
telligence I  felt  authorised  to  communicate. 

On  the  morning  of  the  L5th,  I  waited  on  the  Governor,  [Wm 
II.  tii-t.]  at  his  house,  and  presented  my  credentials,  1  was 
warmlj  received  by  bim,  who  entered  into  a  lull  and  frank  com- 
munication on  the  objects  of  my  mission,  The  state  of  public 
sentiment  in  Sooth  Carolina  and  other  Blaveholdiog  States,  with 
(he  Governors  of  several  of  which  he  had  been  in  correspondence, 
and  also  in  the  preparation  which  South  Carolina  had  made,  and 
was  making  to  maintain  ber  sovereignty  and  independence,  if  on 
her  secession  from  the  Union,  the  Federal  Government  should 
attempt  to  coerce  her  back  into  the  Union  by  force. 

From  the  moment  pf  my  arrival,  I  was  in  constant  communica- 
tion with  members  of  the  Legislature,  and  other  distinguished 
iiKii  in  that  State,  and  with  most  of  the  Delegates  to  the  Conven- 
tion as  they  arrived,  and  sought  a  lull  consultation  and  interchange 
of  opinion  on  the  matters  with  which  I  was  charged.  On  the  L5th 
December,  the  Hon.  Mr  Booker,  the  ( lommissioner  from  the  state 
of  Mississippi  to  South  Carolina,  arrived  in  Columbia,  oharged 
with  the  same  objects  of  consultation  as  myself,  with  whom  I 
freely  conferred  on  the  nature  of  our  mission. 

The  result  of  all  the  information  thus  obtained,  confirmed  the 
•  ijiinioii  entertained  by  me  before  I  left  (his  place,  and  in  whieh  I 

was  ]. leased  to  find  that  your  Kxeellenev  concurred.  That  opin- 
ion wa>,  that  the  only  OOUrse  to  unite    the  S  tuthem    Statea  in    any 

plan  of  cooperation,  which  could  promise  safety,  was  for  South 
Carolina  to  take  the  lead,  and  Becede  at  once  from  the  Federal 
Union  without  delay  or  hesitation  ;  and  that  any  other  plan  would 
prevent  cooperation  for  submission  and  not  for  resistance.  That 
the  only  effective  plan  of  resistance  by  cooperation  must  ensue  al- 
ter <>ne  Stat,  had  secede. 1  and  presented  the  issue,  when  the  plain 


THK  CONVENTION  OK  ALABAMA.  o'.'l 

question  must  be  presented  to  t he  other  Southern  States,  whether 
they  would  stand  by  the  seceding  State  engaged  in  a  oommoo 
cause,  or  abandon  her  to  the  fate  of  coercion  by  th<'  arms  of  the 
Government  of  the  United  States. 

In  this  opinion,  Mr.  Hunker  also  concurred,  and  on  all  proper 
occasions  1  expressed  it  not  only  as  my  own,  but  as  the  opinion  of 
your  Excellency. 

'The  Convention  was  organised  on  the  17th  of  December,  and 
on  that  night  Mr.  Hooker  and  myself  were  invited  by  it  to  ad- 
dress that  body,  which  we  did.  In  my  speech,  I  announced  to 
the  Convention  the  character  in  which  I  appeared  before  it,  and 
the  objects  for  which  1  had  been  sent,  and  in  substance  told  the 
Convention  what  I  had  previously  said  to  the  members  individu- 
ally, announcing  as  my  opinion,  as  supported  by  that  of  your  Ex- 
cellency, that  Alabama,  through  her  Convention,  would  unques- 
tionably follow  the  great  example  set  by  South  Carolina,  and  that, 
there  would  be  a  large  majority  in  our  Convention  in  favor  of  the 
-sion  of  our  State. 

Mr.  Hooker  expressed  the  same  opinion,  and  gave  the  Conven- 
tion assurances  of  a  large  majority  in  Mississippi  in  favor  of  her 
secession. 

On  the  day  of  its  organization,  the  Convention  adopted  a  Reso- 
lution, that  the  State  of  South  Carolina  forthwith  secede  from  the 
Federal  Union,  which  passed  unanimously,  and  appointed  a  Com- 
mittee to  draft  and  prepare  an  Ordinance  of  Secession,  and  then 
adjourned  to  Charleston,  to  meet  the  next  day  at  4,  P.  M.  1  re- 
gret that  I  cannot  furnish  your  Excelleney  with  a  copy  of  this 
Resolution  ;  but  on  application  to  the  Clerk  of  the  Convention  in 
Charleston  for  a  copy,  I  was  informed  by  him  that  owing  to  tie 
haste  in  which  the  Convention  had  removed  from  Columbia,  Bome 
of  the  papers  were  mislaid,  and  this  among  them,  and  none  of  the 
proceedings  of  the  first  day  had  been  or  could  be  at  the  time 
printed. 

I  left  Colombia  on  the  18th  at  •_',  P.  M  .  and  reached  Charles- 
ton about   10,   I'.  M. 

No  measure!  of  import  me.-  were  adopted  by  thi  Convention 
until  the  20th  of  December,  when  the  Ordinam 

ind  adopted  ananiti 
Iowa : 

\N  ORDEN  W'K 

To  dissolve  the  Union  I  «th   Carolina  and 

other  States  united  with  bet  under  the  a  unpad   entitled    "  The 
Constitution  ,,t  the  United  State-  of  Ann 


HI'-ToKY       \M>     HF.II  ATEB     OF 


Wc.  '■  of  the    §  South    Carolina,  i     <         ution 

nhlcd.  d  '  i ,  a  i  f  it  is  h 

orda 

Tli  il  the  <  Irdinanoe  adopted  by  as  in  <  kravention,  on  the  ' 
third  daj  of  May.  in  tlh'  year  of  oar  Lord  one   thousand  seven 
hundred  and  eighty-eight,  wherebj  the  Constitution  ol  the  1 
States  of  America  was  ratified,  and  also  all 

>»i"  the  General  Assembly  of  thi^   State,  ratifying  amendments  of 
the  said   Constitution,  are  hereby  repealed  j  and   that  the   Union 
now  subsisting  between  South   Carolina  and  other 
the  name  of  "The  United  States  of  America,"   is  hereby  dis 
solved. 

And  "it  its  passage  the  following  Resolution  was  adopted  : 

/.'    \lved,  That  the  Ordinance  be  engrossed,  under  the  direc- 
tion of  the  Attorney  General  and  the  Solicitors,  upon  parchment, 
signed  by  the  President  and  members  of  the  Convention  at 
tlic  Institute  Sail,  in  the  alphabetical  order  of  Election  Diet 
and  be  deposited  in  the  arohaeves  of  the  State. 

At  7.  P.  M.,  <'ii  the  Bame  day  the  Ordinance  engrossed  on  parch- 
ment, with  the  great  seal  of  the  State  attached  ,waa  Bigned  by  the 
lent  and  every  member  of  the  Convention. 

Many  questions  were  submitted  to  the  Convention,  <>n  which 
no  definite  action  has  been  taken  thai  1  am  aware  of. 

1  have  authentic  information  that  the  Convention  passed  the  fol- 
lowing  Ordinances  and  Resolutions  : 

I  I  >dc,  to  alter  the  Constitution  of  the  State  of  South  Caroli- 
na in  i'  spool  to  the  oath  of  office 

l> — One,  the  appointment  of  Commissioners  to  Washington. 

9     One,  t  i  make  provisional  ai  ir  the  continuance 

ol  Commercial  facilities  in  South  Carolina. 

•1 — One,  vesting  in  the  General  Assembly  of  the  State,  the 
powers  lately  vested  in  the  Congress  of  the  United  Si 

.')  One,  vesting  in  Buoh  Courts  as  the  General  Assembly  should 
lireol  the  Judicial  powers  heretofore  delegated  to  the  Government 
•  i'  the  United  Stati 

I} — One,  to  di  line  and  punish  treason  against  the  State. 

7 — One,  in  relation  to  citisenship  in  the  State. 

pies  of  all  which  are  hereto  attached  for  the  information 
your  Excellency. 

Then-  were  other  important  Ordinances  submitted  to  the  Con- 
vention, hut  I  had  no  means  nl'  ascertaining  whether  I  hey  were 
adopted  in  the  precise  form  in  which  they  were  offered,  hut  I  am 


THK  CONVENTION  OF  ALABAMA. 

satisfied  they  were  passed  either  in  that  form,  or  with  some  modi- 
fication. These  1  attach  to  the  Reports  of  Committees  and  ad 
dresses,  herewith  submitted . 

1  was  in  tlie  City  of  Charleston,  when,  on  the  night  ofthe  26th 
of  December,  Port  Moultrie  was  evacuated,  and  Port  Sumter  oc- 
cupied by  the  Federal  troops,  under  the  command  of  Major  A.O< 
derson.  The  greatest  indignation  was  aroused  by  this  violation  of 
the  understanding  between  the  authorities  ofthe  State,  and  the 
Government  of  the  United  States  From  the  most  reliable  sour- 
ces, I  was  informed  that  the  State  and  Federal  authorities  had 
mutually  given  a  pledge,  lltat  the  State  should  make  no  attack  nor 
hostile  demonstration  against  the  fortresses  in  the  possession  oi 
the  Government  of  the  United  States  in  the  Harbor  of  Charles- 
ton, and  that  no  reinforcements  were  to  be  sent  to  those  fortresses 
by  the  Federal  Government,  not  the  position  of  the  troops  it. 
those  fortresses  changed,  until  the  question  of  their  occupation 
or  surrender  had  been  attempted  to  be  settled  by  negotiation  be 
tween  the  State  and  Federal  authorities.  While  the  Executive  ol 
the  United  States  pretends  to  disavow  the  act  of  Major  Anderson 
in  this  change  of  position  of  the  troops,  he  sanctions  the  act  by 
permitting  this  officer  to  remain  in  his  new  position.  Casui-ts 
will  find  it  dillieult  to  distinguish  between  the  previous  order,  and 
subsequent  sanction  in  a  question  of  good  faith. 

On  the  morning  of  the  '21st  of  December,  as  soon  as  there 
inoval  of  the  Federal  troops  from  the  one  fort  to  the  other,  was 
known  in  the  city,  the  Governor  sent,  a  dispatch  to  Major  Andei 
son  asking  an  explanation  of  his  conduct,  whicb  being  unsatisftu 
ton,  the  troops  of  the  State  were  ordered  at  once  to  occupy  Fori 
Moultrie  and  Castle  Pinckney,  which  was  done  on  the  same  day 
and  these  fortresses  are  still  in  the  possession  ofthe  State,  and 
will  be  defended  to  the  last  extremity. 

From  the  Observations  made  by  men    in  South    Carolina,  i  MB 

satisfied  thai  the  people  of  that  State  are  prepared  to  undergo  the 
utmost  horrors  thai  war  can  bring  upon  a  peoph — to  have  theii 
lands  ravaged  and  their  horn  ■  made  desolate,  be!  will 

submit  to  subjugation  by  th<    Federal  Government,  or  the  f 
of  the  Abolition  Si  i 

I  lefl  Charleston  on  the  29th  of  1  I 
I  was  I  to  this  s&  ;,  from  the  foot  that  all  the  deli 

of  the  <  invention  on  questions  of  importance  were  bad  in  m 
and  in;,  presence  in  South  <  ferolinfl  could  be  of  no  farther  sei  ■ 
;is  I  would  obtain  no  further  information  than  thai  afforded   bj 

the  public  prints. 
I  cannot  close  this  communication  without  mentioning  the  or 


394  IIISTOKV      AM)     l'KI: 

dial  and  complimentary  manner  in  which  I  was  reoeived  by  the 
authorities  of  South  ( Sarolina.  The  privilege  "fa  seat  on  the  floor 
of  the  Senate  ami  House  of  Representatives,  and  of  the  Conven- 
tion, was  given  to  me,  and  the  hospitalities  of  the  State  tendered 
liv  Resolution  of  both  Houses  of  the  Legislature.  In  replj  t" 
this  last  courtesy,  while  acknowledging  it  in  proper  terms  in 
tli"  name  of  the  State  «»t  Alabama,  I  felt  constrained  to  decline 
it,  but  availed  my  self  of  the  privileges  of  the  seats  tendered  1>\ 
tlir  several  bodies,  except  when  the  Convention  was  in  secrel 
■ion. 

I  reached  this  place  on  the  80th  ult.,  at  night,  ami  have  availed 
myself  of  the  occasion  to  make  known  to  your  Excellency  how 
I  have  discharged  the  duties  of  my  appointment. 

With  the  highest  considerations  of  respect, 

I  am  \ our  Excellencj 's 
<  Obedient  servant. 
.1.  A.  ELMORE. 


REPORT  OF  HON.  JOHN  GILL  SHORTER.  COMMISSI!  >NEB  TO 
GEORGIA. 

Mil  i  i;im.|.;\  i  i,i.i-:,  I  i  a.,  January   3d,   1861. 

ffis  Excellency  Governor  Jbssph  K.  Brown, 

Governor  of  tfn    State  <>/  Georgia — 

Sir:  I  beg  Leave  to  hand  you  herewith  a  Commission  from  Hie 
Excellency  Andrew  It.  Moore,  Governor  of  the  Sovereign  State 
of  Alabama,  and  attested  by  the  great  seal  of  the  State,  under 
■  late  of  December  '.'Ist.  L8Q0,  bj  which  I  have  the  honor  to  be 
tituted  and  appointed  a  Commissioner  to  the  Sovereign  State 
.!'  Georgia,  with  authority  to  consult  and  advise  with  your  Ex- 
ellency,  as  to  what  is  best  to  be  done  to  protect  the  rights,  inter 
•sts  and  honor  of  tin-  alaveholding  States. 

No  duty  more  agreeable  torn)    feelings  could  have  Keen  laid 

UDOn  me,  at  this  trying   hour  in  the  history  of  OUr   country,  than 

thai  of  a  Delegate  from  Alabama,  the  beloved  State  of  my 
adoption,  to  Georgia,  the  beloved  and  honored  State  of  my  na- 
tivity. 

The  unnatural  warfare  which,  in  violation  of  the  Federal  Com 
pact,  and  for  a  Long  series  of  years,  has  been  unceasingly  waged 
bj  the  anti-slavery  States  upon  the  institutions,  rights  and  do- 
mestic tranquility  of  the  slave-holding  States,  has  finally  eulmina- 


THE  CONVENTION  OF  ALABAMA.  .'{'.>."> 

tod  in  the  election  of  ;in  open  and  avowed  enemy  to  our  section 
of  the  Union;  and  the  greal  and  powerful  party,  who  have  pro 
ducel  this  result,  calmly  awaits  the  fourth  daj  of  March  next, 
when,  under  the  forms  of  the  Constitution  and  the  Laws,  the}  will 
usurp  the  machinery  of  the  Federal  Government,  and  madly  at 
tempt  to  rule,  it*  not  to  subjugate  and  ruin,  the  South. 

In  anticipation  of  such  a  contingency,  and  in  advance  of  any  of 
her  sister  States,  the  General  Assembly  of  Alabama,  on  the  -1 1th 
day  of  February,  1860,  solemnlj  declared,  that  '-to  permit  a 
seizure  of  the  Federal  Government  1>\  those  whose  unmistakable 
aim  is  to  pervert  its  whole  machinery  to  the  destruction  of  a 
portion  of  its  members,  would  be  an  act  of  suicidal  folly  and 
madness  almost  without  a  parallel  in  history;  and  that,  the  Gen- 
eral Assembly  of  Alabama,  representing  a  people  loyally  d 
ted  to  the  Union  of  the  Constitution,  but  SOorning  the  Union 
which  fanaticism  would  erect  upon  its  ruins,  deem  it  their  solemn 
duty  to  provide  in  advance  the  means  by  which  the\  ma\  escape 
such  peril  and  dishonor,  and  devise  new  securities  for  perpetua- 
ting the  blessings  of  liberty  to  themselves  and  their  post<  rity." 

In  stem    pursuance  of  this  purpose,  the  Genera]    Assembly 
adopted,  among  others,  the  fallowing  Resolution  : 

"That  upon  the  happening  of  the  contingency  contemplated  in 
the  foregoing  preamble,  namely,  the  election  of  a  President  ad 
VOCating  the  principles  ami  action  <>\'  the  party  in  the  Northern 
States  calling  itself  the  K'epulilican  Party,  it  shall  he  the  duly  ol 
the  Governor,  and  he  is  required  forthwith,  to  issue  his  proclarA 
ation,  calling  upon  the  qualified  voters  of  this  State  to  assemble 
on  a  Monday,  noV more  than  forty  days  after  the  date  of  said 
proclamation,  at  ^jie  usual  places  of  voting  in  their  respective 
counties,  and  elect    [^legates  to  a  Convention  of  the  Stat 

sider,  determine  au<l  do  whatever,  in  the  opinion  of  said  Con- 
vention, the  rights;  interests  and  honor  of  the  Stale  of  Alabama 
require  to  lie  done  for  their  protection."" 

And  the  same  General    Assembly,  on  the  25th  day  of  Febru 
ary.  I860,  in  response  t"  Resolutions  received  from  the  State  ol 
!i   Carolina,  inviting  a  Conference  of  the  Southern  states. 
adopted  these  additional  Resolutions: 

1 .  ••  Bt  solved,  That  the  State  of  Alabama,  fully  concui  rin 
the  State  of  South   Carolina,  in  affirming  the  right  of  any  S 
to  secede  from  the  Confederacy  whenever,  in  her  own  judgment, 
such  a  step  is  demanded  by  the  honor,  interests  and  safety  ofhei 
people,  is   not    unmindful    of  the   fact    that    the  assaults   upon  the 

institution  of  slavery,  and   upon  the  rights  and  equality  of  the 
Southern  States,  unceasingly  continued  with  increasing  viol< 


rOEV     \mi    DBBATM 

and  in  new  and  more  alarming  forms,  maj  constrain  h- -r 
reluctanl  but  early  exercise  of  that  invaluable  right. 

•J.  •■/.''  it  furl  .   rhat  in  the  abseno 

i  systematic  oofiperation  of  the8 
ing  the  aggressions 

has  solemnly  declared,  thai  under  no  circumstances  will  she. 
mil   to  the  foul  domination  of  a  sectional   Northern  p 
provided  for  the  '-all  of  a  Convention  in  the  event  of  the  triumph 
ot'  Buch  a  faction  in  tne  approaching   Presidential  election,  and  t" 
maintain  die  position  thus  deliberately  assumed,  has  appropriated 
urn  of  §200,000  for  the  militar  tingencies  which  sm 

•nay  involve. 

.'■'•  itfur  .  rhat  tiie State  of  Alabama,  having 

endeavored  t"  prepare  for  the  i  i  t  of  the  future,  has  nol 

deemed  it  i  meeting  of  D  tputies  from  the 

slaveholding  States,  bul  anxiously  desiring  their  cooperation  in  a 
rgle  which   perils  all  they  hold   mosl  dear,  hereby  pledges 
irdial    participation    in  any  ami    every  efiort  which, 
in  her  judgment,  will  pr.it.  immoii  safety,  advance  the 

oommon  interest  and  serve  the  common  cause." 

in  obedience  t<»  the  instructions  of  the  General  Assembly,  and 
in  accordance  with  bis  own  loyal  hear;  and  manly  purpose,  His 
Excellency  Andrew  B.  bfoore,  Governor  of  Alabama,  or 
election  of  Delegates  by  the  people,  on  the  '21th  day  of  Deoenv 
ber  last.  These  Delegates, one  hundred  in  numb  ir,  willasdembh? 
in  Convention  al    Mont  i    Monday  next,  the  7th  instant, 

and  there  and  then  will  speak  the  sovereign  Mal'ima. 

There  may  be  fonnd  an  honest  difference  of  opinion  andjudg- 
as  t"  the  time  and  mode  of  seoession  from  the  federal 
Union,  whether  the  State  '.hall  move  ai  onoc,  for  herself  and  b} 
herself,  or  awail  the  action  and  cooperation  of  Georgia  and 
joining  sisl  ir  States,  who  have  with  her  a  (common  interest,  but 
that  the  Convention  will  fully  maintain  the  high  and  patri 
dves  of, the  General    \  ,  and  thus  proudly   vindii 

the  rights  and  honor  of  Alabama,  I  do  not  for  a  moment,  enter- 
tain the  shadow  "(  a  doubt. 

Events  now  transpiring,  must,  a:  an  earlj  day,  unite  all 
sou>  of  the  South  in  li.  ■■<{'  the  South.      We  should  make 

haste  to  he  ready  for  the  conflict  whioh  is  well  nigh  upon  us. 
••  I  >elay  is  dangerous — hesitation,  weakness — opposition,  treas  >n, 
V\  honor  the  gallant  State  of  South  Carolina,  which  accidental 
and  fortuitous  circumstances  hive  placed  in  front  of  the  battle; 
and  Alabama  will  stand  \<\  and  make  eoinnioii  cans.'  with  her, 
and  ever)  other  State  which  shall  assert  her  independence  of  an 
abolitionized  <  Jo\  ernmeiit. 


THE  CONVENTION  OF  ALABAMA.  .'597 

Alabama  sends  greetings  to  her  mother — glorious  old  Georgia, 
the  Empire  Slate  of  the  South — one  of  the  immortal  thirteen 
which  suffered,  and  endured,  and  triumphed  in  the  Revolution  of 
l'i7t'>;  and  Alabama  invokes  her  counsel  and  advice,  aerenoour- 
agement  and  cooperation.  Having  similar  institutions,  kindred 
sympathies,  and  honor  alike  imperilled,  will  not  Georgia  ut 
with  Alabama  and  sister  States  in  throwing  off  the  insolent  des- 
potism of  the  North,  and  in  the  establishment  of  a  South 
Confederacy,  a  government  of  homogeneous  people,  which  shall 
endure  through  all  coming  time  the  proudest  and  grandest  mon- 
ument on  the  face  of  the  earth  1 

1  shall  proceed  hence  to  die  capital  of  Alabama,  t"  report  the. 
result  of  my  interview  with  you*  Excellency  to  the  Governor  of 
Alabama,  in  time  for  him  to  lav  the  same  before  the  I  lonvention 
on  Monday  next;  and  1  shall  ieel  grateful  for  the  honor  of  being 
made  the  medium  of  bearing  any  communication  which  your 
Excellency  may  he  pleased  to  make. 

With  high  consideration,  I  am 

Your  Excellency's 

i  Hie.lient  servant, 

JNO.  GILL  SHORTER. 


Executive  Department,      I 
Milledoeville,  January  5th,  1861.  \ 

//••  .    '■■'     ' i  il  .-  '. 

<>/  the  Slut'  of  Alabama  . 

XV.-  <m  my  return  from  Savannah  this  day.  1  find  your 
•  ommimication  accompanying  your  <  kunmission  from  His  Exa  I 
lency   the  Governor  of  Alabama,  which  you  did  me  the  honor  to 
send'  by  '  xpress,  hut   which  was  not  rea  ived  'ill  aft  r  I  had  the 
private  interview  w  ith  you. 
I  .  and  noble  stand  taken   by  your  State  in  tb 

of  the  l!i  solutions  recited  in  your  communication,  for  thi 
protection  of  the  rights  and  the  vindication  of  the  honor  of  the 
State  of  Alabama  and  the  other  Southern 

admirati f  ali  ]nr  Southern  Alabama,  in  common 

with  the  other  pro-slavery  States,  had  long  endured  the  inju 
and  insults  of  the  Black   Republican  party  of  the  North.     Thai 
partj  i    now  triumphant,  and   :  f  the 

Federal  Govei  iment.     To  this  the  States  of  the  South  can  m 
snbmit,  without  degradation  and  ultimate  ruin. 


:','.»>.  BI8T0KT      \NI>     DKBATM     Of 

While  Georgia  may  be  said  to  be  the  Mother  of  Alabama, 
-•he  is  proud  of  the  noble  conduct  of  her  daughter;  and  will  not 
claim  to  lead,  bul  will  be  content  to  t '< •  1 1 « » w  in  the  path  of  glor> 
in  which  her  offspring  Leads.  We  feel  well  :i--iu r« •<  1  that  your 
Si.it.'  will  not  be  intimidated,  nor  driven  from  her  high  position. 

While  many  of  our  most  patriotic  and  intelligent  citizens  in 
both  Slates  have  doubted  the  propriefc)   of  immedi  »ion. 

I  feel  quite  confidenl  that  recent  developments  have  dispelled 
those  doubts  from  the  minds  of  mosl  men,  who  have,  till  within 
the  last  few  days,  honestly  entertained  then). 

Longer  continuance  in  a  1  niori  with  those  who  use  the  Govern 
ment  only  as  an   engine  of  oppression  and   injustice,  cannot,  it 
-  bo  me,  be  desired  by  an)  party  in  the  Southern  State. 

Conciliation  and   harmony    among  ourselves,  are  of  the  most 
\ital  importance.     Let  us,  it'  we  have  differed  in  the  past,  i 
each  other  with  just    forbearance;  and   the  path  of  dut\  will.  I 
I  rust,  be  plain  to  all. 

The  Federal  Government  denies  the  right  of  a  sovereign  state 
cede  from  tha  Union,  while  it  refuses  to  make  any  conces- 
sions or  to  give  an\  guarantees  which  will  secure  our  rights  in 
fUture.  It  we  yield  this  right,  we  become  the  subjects,  and  the 
pro-slavery  States  the  provinces,  of  a  great  centralized  Empire, 
consolidated  and  maintained  by  military  force. 

The  sovereign  State  of  South  Carolina  has  resumed  the  pow- 
ers delegated  bj  h<r  to  the  Federal  Government,  on  account  of 
the  violation  of  the  Compact  by  the  other  contracting  parties. 
Her  righl  to  declare  herself  independent  is  denied,  and  military 
coercion  is  boldly  threatened.  Shall  WC  yield  the  righl  of  seces 
sion,  and  see  her  whipped  hack  into  the  Union?     Never. 

Since  she  seeded,  her  course  has  been  moderate  and  dignified. 
She  did  not  occupy  the  most  impregnable  Port  in  her  harbor. 
which  she  could  have  seized  without  the  loss  of  a  single  man.  be 
cause   she    had    pledged    her   faith    UOl    to  do   so.  in  consideration 

that  the  Governmental  Washington  would  make  no  change  in 
the  military  ttatus  of  the  Ports,  but  would   permit  all  to  remain 

as  it  was  at  the  time  she  seceded.  She  kept  her  faith.  What 
was  the  conduct  of  the  Federal  Government?  Its  agent  who 
commanded  Fort  Moultrie  violated  the  pledge  given  by  his  Go> 
eminent.  The  Government  disavows  his  conduct,  but  refuses 
io  keep  its  faith  by  remanding  him  to  his  original  position.  The 
result  will  probably  be,  the  loss  of  much  of  the  best  blood  in 
South  Carolina,  before  the  Fort  can  betaken.  In  mj  opinion, 
other  Southern  States  should  not  be  deceived  l>\  trusting  to  such 
a  Government  in  fui ure. 


THE    CONVENTION    OF    ALABAMA  390 

In  view  of  the  threats  of  coercion  which  are  made  by  North- 
ern Senators  and  Representatives,  and  the  probabilities  that  the 
like  policy  now  meets  the  sanction  of  a  majority  of  the  Cabinet, 
the  South  can  look  in  future  only  to  her  own  strength,  the  justice 
of  her  cause,  and  the  protection  of  the  Almighty  Ruler  of  the 
Universe,  for  her  safety  and  independence.  Prompted  bj  these 
considerations,  I  have  seized  and  occupied  Fort  Pulaski,  the 
stronghold  in  this  State,  with  a  sufficient  number  of  troops  and 
other  ample  provision  to  secure  it  against  successful  assault.  Till 
the  Convention  of  this  State  has  acted,  and  decided  the  question 
Hi'  Georgia's  future  dependence  or  independence,  I  shall  hold  the 
Fort  at  all  ha/anls.  and  by  force,  if  necessary. 

I  am  glad  to  learn,  by  a  telegram  just  received  from  His  Ex- 
cellency the  Governor  of  your  State,  that  he  lias  taken  the  same 
precautions  tor  the  protection  of  the  people  of  Alabama,  against 
the  admits  of  our  common  enemy;  and  I  sincerely  trust  the 
Executive  of  each  and  every  Southern  State  in  the  Union  will  at 
once  adopt  the  same  policy  :  and  let  us  all  cooperate  in  a  c 
inmi  defense 

So  tar  as  the  returns  have  been  received  at  this  office,  the\ 
indicate  beyond  a.  doubt  that  the  people  of  Georgia  have  deter- 
mined, by  an  overwhelming  majority,  to  secede  from  the  Union 
no  soon  as  our  Convention  meets  and  has  time  to  consummate 
this  important  step,  which  can  alone  preserve  the  honor,  the 
rights  and  the  dignity  of  this  State  in  the  future. 

I  trust  that    Alabama  will  not    hesitate,    hut  will    act  promptly 
ami  independently,  relying,  as  I  know  she  may.  upon  the  cm-dial 
cooperation  of  Georgia   in  every  hour  of  trial.     The  people  of 
the  pro-slavery  States  have  common  institutions,  common  inter- 
ests,  common    sympathies    and    a    common    destiny.      Lit    each 
state,  as  soon  as  its  Convention  meets,  secede  promptly  from 
the  Union  ;  and  let  all  then  unite  upon  a  common   platform,  co- 
operate together,  and  "form  a  more  perfect    Union.       Our  cause 
is  just,  and    f  doubt  not,  should  we   be  .attacked,  that   the  God  of 
l>attles  will  protect  the  right,  and  drive  far  from  us  the  s<-an 
■  f  an  invading  foe. 
i.t  the  necessity  which   compels   me  to   prepare  this  re- 
sponse in  so  short  a   period.     I  have  no  time  to  revise  it.     You 
will  please  saj  to  His  Excellency    Governor  Moore,  that  it  will 
afford  me  much   pleasure  to  receive  intelligence  at  the  earliest 
moment,  after  the  Convention  has  placed  Alabama   in  the  high 
position  which  Georgia,  by  a  vote  of  her  people,  has  determined 
to  occupy    so  soon  aa  her  Convention  has  time  to  assemble  and 
deliberate.      I  am.  \<r\  truly,  your  obedient  servant, 

JOSEPH   E.  BROWN. 


IIHI  HISTOKV      \NI>     DEBATES 


l  hos.  j.l.  m.curry,  commiss  0  mary  lam 

Mom;  \i  \..      ( 

Bth  January,  1881.  \ 

\  "  i  s )  lt  under  the  authority  of  the  Commissions 
from  you,  I  visited  Annapolis  to  confer,  in  person,  with  the  •  - 
-Tit'     of  M   ryland.     II  and  I  submitted  the  cucli 

letter,  with   the   request  thai    ii    !"■  laid    before   tl"-    Lcgislal 
when  it  should  !>••  com ened. 

The  Governor,  prior  to  mj  visit,  had   declined,  "ii  tin-  applica- 
tion of  the  Commissioner  from    Mississippi,  and   numerous 

jts,  more  or  less  formerly  presented,  from  citizens  of  Mar\ 
land,  to  convene  the  Legislature  t"  consider  ih>'  present  condition 
of  political  affairs.     From  conversation  with  prominent  eiti; 
and  from  other  sources,  I  amfifmlyof  theopinion  thai  Maryland 
will   not    long  hesitate   to  make  common  cause   with   her  sister 
States  which  have  resolutely  and  wisoh   determined  not  to  sub 
■  A  bolition  domination. 
I  have  th    honor  t"  !"■.  with  high  reap 

*»  our  obedieni  servant^ 

J.  I,  M.  CI  RRi  . 

Ihs  Bxcbllknoi  A.  B.  Moore,  Montgomery,  Via. 


\n\ai'(m.i>.  Mi...  I  »'•'  .  38th,  1800. 

i        G  ivernor  of  the  sovereign  State  of  Alabama  ha* 
appointed  me  a  Commissioner  to  the  sovereign  State  of  Man 
land.  ••  t"  consult  an<l  advise"  with  the  Governor  and   Legislature 

thereof,  "as  bo  what  i->  best  to  I"-  d to  protect  the  rights,  inter 

and  honor  of  the  alaveholding  Stat'-^.'"  menaced  and   c.ndan- 
'  by  recent  political  *-\  ents. 
Raving  watched  with   painful  auxiotj  the  growth,  power  and 
roachments  of  anti-slaveryisni,  and  anticipating  for  the  party, 
held   together  by  thi>  si  ntiment  of  hostility  t"  the  rights  and  in- 
stitutions of  the  Southern  people,  a  probable  success  (too  fatal  h 
realized)  in  the  recent    Pr<  sidential  election,  the  General   Assem 
bly  of  Alabama,  on  the  24th  of  February,    1800,  adopted  Joint 
providing,  on  the  happening  of  such  a  contingency, 
for  a  Convention  of  the  State,  "toconsider,  determine  and  d<> 
whatever  the  rights,  interests  and  honor  of  Alabama  require  to 
be  done  for  their  protection."     In  accordance  with  this  authority, 


TMK    CONVENTION    OF    ALABAMA.  10  1 

the  Governor  has  called  a  Convention  to  meet  on  the  7th  daj  of 
January,  1861,  and  on  the  24th  instant  Delegates -were  elected 
to  that  body. 

\"i  content  with  tins  simple  bul  significant  act  of  convoking 
the  sovereignty  of  the  people, the  state  affirmed  herreserved  ami 
undelegated  righl  <>t'  secession  from  the  Coufedeiacy,  and  intinia- 
ted  that  continued  and  unceasingly  violent  assaults  upon  her 
rights  and  equality,  might  "constrain  her  to  a  reluctant  bul  early 
exercise  of  thai  invaluable  right."  Recognizing  the  common  in- 
terests and  destiny  of  all  the  States  holding  property  in  the  labor 
of  Africans,  and  "anxiously  desiring  their  cooperatioj  in  a  strug- 
gle which  perils  all  they  hold  most  dear."  Alabama  pledged  her- 
self 1"  a  "cordial  participation  in  any  and  ever}  effort  which,  in 
her  judgment,  will  protect  the  common  safety,  advance  the  com- 
mon interest  and  serve  the  common  cause." 

To  secure  concert  and  effective  cooperation  between  Maryland 
and  Alabama  is.  in  a  great  degree,  the  object  of  my  mission. 
I  iiJir  our  federative  system,  each  State  being  necessarily  the  sole 
judge  of  the  extent  of  powers  delegated  to  the  <  leneral  Agent,  and 
controlling  the  allegiance  of  her  citizens,  must  decide  for  hers<  if, 
in  ease  ofWTOBg,  upon  the  mode  and  measure  of  redress.  AN'  i t ] i- 
iu  the  Union  tin-  States  have  absolutely  prohibited  themselves 
from  entering  into  treaties,  alliances  and  confederations,  and  have 
made  the  assmt  of  Congress  a  condition  precedent  i"  their  enter- 
ing into  agreements  or  compacts  with  other  States.  This  consti- 
tutional inhibition  has  been  construed  to  include  "  every  as 
ment,  written  or  verbal,  formal  or  informal,  positive  or  implied, 
by  the  mutual  understanding  of  the  parties."  Without  endors- 
ing this  sweeping  judicial  dictum,  it  will  be  conceded  that  it' the 
grievance  or  apprehension  of  danger  Ik-  so  greal  as  to  rendei 

,iv  or  advisable  a  withdrawal   from  the  Confederacy,  their 
can  be  between  th<  similarly  imperilled,  prior  to  separa- 

tion, only  an  informal  understanding  tor  prospective  concerl  and 
federation.  To  enter  into  a  binding  "agreement  or  compact" 
would  violate  the  Constitution,  and  the  Smith  should  lie  careful 

to  part  with   her  distinguishing  glorj  "f  having  n< 
der    the   most    aggravating    provocations,    departed    from     the 
strictest   requirements   of  the   Federal  Covenant,   nor  suggi 
.in\    propositi. in    infringing  upon   the   essential  equality   of  the 
It  is.  nevertheless,  the  highest  dictate  of  wisdom  and 
patriotism  to  far  as  can   be  constitutionally   dom. 

mutual    league,  united  thoughts   and    counsels,"    between   tl 

whose  hopes  and  hazards  are  alike    joined    in  (he  ,  uu  rpr  - 

cnmplishing  d<  liveran  *  from  Abolition  domination. 


M)2  HISTORY     VMi    I>K  HATES    OK 

To  your  Excellency,  or  bo  intelligent  :i  body  as  the  Legislature 
of  Maryland,  it  would  be  superfluous  t6  enter  Into  an  elaborate 
statement  of  tin-  polio)  and  purposes  of  the  part}  which,  by  the 
recent  election,  will  bood  have  the. control  of  the  General  Go* 
eminent.  The  bare  fact  that  the  party  is  sectional  and  hostile 
to  the  South,  is  a  full  justification  for  the  precautionary  steps  ta- 
ken by  Alabama  to  provide  for  the  escape  of  her  citizens  from 
th"  peril  and  dishonor  of  submission  to  its  rule.  Superadded  to 
this  sectional  hostility  the  fanaticism  of  a  Bentiment,  which  has 
•ne  a  controlling  political  force,  giving  asceridancy  in  ever) 
Northern  State,  and  the  avowed  purpose,  as  disclosed  in  party 
creeds,  declarations  of  editors,  and  utterances  of  Representative 
men,  of  securing  the  diminution  of  slaver)  in  the  States,  and 
placing  it  in  the  course  of  ultimate  extinction,  and  the  South 
would  merit  the  punishment  of  the  simple,  it'  she  passed  on  and 
provided  no  security  against  the  imminent  danger. 

When  Mr.  Lincoln  is  inaugurated,  it  will  not  be  simply  a 
change  of  Administration — the  installation  of  a  now  President — 
but  a  reversal  of  the  former  practice  and  policy  of  the  Govern- 
ment so  thorough  as  to  amount  to  a  revolution.  Cover  over  its 
offensiveness  with  the  most  artful  disguises  and  the  fact  stands 
out  in  its  terrible  reality,  that  the  Government,  within  the  ampli- 
tude of  its  jurisdiction,  real  or  assumed,  becomes  foreign  to  the 
South,  and  is  not  to  recognize  the  right  of  the  Southern  citizen 
to  property  in  the  labor  of  African  slaves.  1  [eretofore,  (  '"li- 
the Executive,  and  the  Judiciary,  have  considered  themselves,  in 
their  proper  spheres,  as  under  a  constitutional  obligation  to  y^'' 
ognize  and  proteel  as  property  whatever  the  States  ascertained 
and  determined  to  lie  such.  Now  the  opinion  of  nearly  every 
Republican  is,  that,  the  slave  of  a  citizen  of  Maryland,  in  posses- 
sion of  and  in  company  with  his  master,  on  a  vessel  sailing  from 
Baltimore  to  Mobile,  is  as  \'vr<-  as  his  master,  entitled  to  the  same 
rights,  privileges  and  immunities,  as  soon  as  a  vessel  has  reached 
a  marine  league  beyond  the  shores  of  a  Slate,  and  is  outside  the 
jurisdiction  of  State  laws.      The  same  is  held  it'  a  slave  lie  carried 

on  the  territory  orother  property  belonging  to  the  United  States, 
and  it  is  denied  by  all  Republicans  that  Congress,  or  a  Territo- 
rial  Legislature,  or  any   individuals,  can  give  legal  existence  to 

slavery  in  any  Territory  of  the  United  States.  Thus,  under  the 
new  Government,  property  which  existed  in  cvrvy  one  of  the 
States,  save  one,  when  t he  Government  was  formed,  and  is  rec- 
ognized and  protected  in  the  Constitution,  is  to  be  proscribed  and 
outlawed.  It  requires  no  argument  to  show,  that  States  whose 
property  is  thus  condemned,  are  reduced  to  inferiority  and  ine- 
quality . 


THE  ( '(INVENTION  OF  ALABAMA.  40;> 

Such  being  the  principles  and  purposes  of  the  new  Govern- 
ment and  its  supporters,  every  Southern  State  is  deeply  interest- 
ed in  the  protection  of  the  honor  and  equality  of  her  citizens. 
Recenl  events  occurring  at  the  Federal  Capitol  'and  in  the  North 
must  demonstrate  to  the  most  incredulous  and  hopeful  thai  there 
is  no  intention  on  the  part  m  the  Republicans  to  makeebnces- 
sions  to  our  just  and  reasonable  demands,  or  rurniah  any  Becuri 
lies  againsl  their  wrong  doing,  [f  their  purposes  were  right  and 
harmless,  how  easy  to  give  satisfactory  assurances  and  guaran- 
ties! If  no  intention  to  harm  exists,  it  oan  be  neither  unmanly 
nor  unwise  to  put  it  out  of  their  power  to  eommi#harm.  The 
minority  section  must  have  some  other  protection  than  the.  dis- 
cretion or  sense  of  justice  of  the  majority  ;  for  the  I  institution, 
as  interpreted,  with  a  denial  of  the  right  of -secession  or  State- 
interposition,  affords  no  security  or  means  of  redress  againsl  a 
hostile  and  fanatical  majority.  The  action  of  the  two  Commit- 
tees, in  the  Senate  and  House  of  Congress,  shows  an  unalterable 
purpose  on  the  part  of  the  Republicans  to  reap  the  fruits  of  their 
recent  victory,  and  to  abate  not  a  jot  or  tittle  of  their  Abolitien 
principles.  They  refuse  to  recognise  our  rights  of  property  in 
slaves,  to  make  a  division  of  the  territory,  to  deprive  themselves 
of  their  assumed  constitutional  power  to  abolish  slavery  in  the 
Territories  or  District  of  Columbia,  to  increase  the  efficiency  ol 
the  fugitive  slave  law.  or  make  provision  for  the  compensation  ol 
the  owners  of  runaway  or  stolen  slaves,  or  (dace  in  the  hands  of 
the  South  any  protection  against  the  rapacity  of  an  unscrupulous 
majority. 

If  our  present  undoubted  constitutional  rights  were  reaffirmed 
in.  if  possible,  more  explicit  language,  it  i.s  questionable  whethei 

they  would  meet  with  more  successful  execution.  Anti-slavery 
fanaticism  would  probably  soon  render  them  nugatory.  The 
sentiment  of  the  sinfulness  of  slavery  seems  to  lie  imbedded  in 
the  Northern  conscience.  \n  infidel  theory  has  corrupted  the 
Northern  heart  A  French  orator  said,  the' people  of  England 
once   changed    their    religion     iy     Act    of  Parliament.      Whether 

"'He  or  not,  it  is  not  probable  thai  settled  convictions  at  the 
North,  intensely  adverse  to  slavery,  can  he  changed  l'\  Congres- 
sional resolution--  "i-  constitutional  amendments. 

I  rider  Republican  rule,  the  revolution  will  not  I...  confined  to 
slavery  audits  adjuncts.  The  features  of  our  political  system, 
which,  constitute  its  chief  excellence  and  distinguish  it  from  abso- 
lute   Governments,    .ire  to    he    altered.      The  radical    idea  i,f  this 

Confederacy  is  the  equality  of  the  sovereign  states,  and  their 
voluntary  assent  to  the  Constitutional  Compact.     This    I 
28 


iUl  I1ISTOKY     AM)    DKISATKS    OP 

■  -lit  Iodic  to  be  changed,  ho  thai  to  a  great  extent,  power 

be  oentralized  at  Washington^  Congress  is  to  b©  the  final 
-  |  Siiiiis  are  to  be  deprived  of  a  reciprocity 
equality  of  righto;  and  a  oommon  Government,  kept  in  being 
l>y  force,  will  discriminate  offensively  and  injuriouslj  against  the 
property  of  a  particular  geographical  section, 
With  Alabama,  after  patient  enduranot  for  years,  and  earnest 
>tulation  with  the  Northern  States,  the  reluctant   conviction 
leoome  fixed,  that  there  is  no  safety  for  her  in  a  hostile  Union, 
erned  by  an  interested  Beetional   majority.     As  a  sovereign 
.  vitalh^ntcrested  in  the  preservation  and  security  of  Afri- 
can slavery,  she  will  exercise  the  right  <>t'  withdrawing  from  the 
Compact  of  Union.      Most    earnestly    docs  she    desire   the  COOpe- 
»n  of  sister  Southern  States  in  a  new  Confederacy,   based  on 
the  same  principles  as  the  present.     Saving  no  ulterior  or  una 
vowed  purposes  to  accomplish,  seeking  peace  and  friendship  with 
ifeople,    determined    that   her  slave    population,   not   to    he  in- 
-    I  by  importations   from  Africa,  shall  not  be  localized  and 
become  redundant  by  excess  of  growth  beyond  liberty  of  expan- 
lion,  she  most  cordially  invites  the  concurrent  action  of  all  States 
with  common  sympathies  and  common  interests.     Under  an  Alt- 
•lition  Government  the  slavcholding  States  will  be  placed  under 
a  common  ban  of  proscription,  and  an   institution,   interwoven  in 
the  very  frame  work  of  their  social  and  political   being,   must 
sb  gradually  or  speedily,  with  the  Government  in  active  hos- 
tility to  it.     Instead  of  the  culture  and  development  of  the  bound- 
capaoities  and  productive  resources  of  their  social  system,  it 
assaulted,  humbled,  dwarfed,  degraded  and  finally  crush- 
ed out. 

To  some  of  the  States  delaying  action  tin-  new  securities,  the 
question  ot  submission  to  a  dominant  Abolition  majority  is  prc- 
I  in  a  different  form  from  what  it  was  a  few  weeks  ago.    <  >ne 
has  seceded;  others  will  soon  follow.     Without  discussing 
propriety  of  such    action,    the  remaining  States   must  act  on 
the  facts  as  they  exist,  whether  of  their  own  creation  or  approval 
i    not.     To  unite  with  the  seceding  States  is  to  he  their  peers  as 
confederates  and   have  an  identity  of  interests,   protection  of  pro- 
perty, and  superior  advantages  in  the  contest  for  tin-  markets,  a 
monopoly  of  which  has  been  enjoyed  by  the  North.     To  refuse 
union  with  the  seceding  States  is  to   accept  inferiority,  to   lie  do 
prived  of  an  outlet  for  surplus  slaves,  and  to  remain  in  a   hostile 
Government  in  a  hopeless  minority  and  remediless  dependence. 

It  gives  me  pleasure  to  be  the  medium  of  communicating  with 
you  and   through  you  to  the  Legislature  of  Maryland,  when  it 


THE  CONVENTION  OF  ALABAMA.  405 

shall  be  convened.  I  trust  that  between  Maryland  and  Alabama, 
and  other  States  having  a  homogeneous  population, kindred  inter- 
ests and  an  inviting  future  of  agricultural,  mining,  mechanical, 
manufacturing,  commercial  and  political  success — a  Union,  strong 
as  the  tie  of  affection,  and  lasting  as  the  love  of  liberty^  will  soon 
be  formed,  which  shall  stand  as  a  model  of  a  free,  representative, 
constitutional,  voluntary   Republic. 

I  have  the  honor  to  be,  with  much  respect, 

Your  obedienl  servant. 

.1.  L.  M.  CURRY. 

Hon.  Thos.  11.  Hicks,  Annapolis.  Md. 


REPORT   OF   Till:  HON.  WILLIAM  COOPER,  COMMISSIONER  T<> 

missouri. 

Montgomery,  Ala.,  / 

January  7,  1861 .  \ 

To  His  Excellency  A.  1>.  Moore,  Governor  of  Alabama: 

Sir — In  pursuance  of  the  requirements  of  the  commission  to 
me  directed,  by  the  Governor  of  the  State  of  Alabama,  on  the 
istli  of  December,  I860,  I  did  forthwith  repair  to  Jefferson  City, 
in  the  State  of  Missouri,  for  the  purposeof  performing  the  duties 
required  of  me,  as  Commissioner  from  the  State  of  Alabama  to 
the  State  of  Missouri;  and  my  communication  was  Immediately 
had  with  the  then  acting  Governor  of  that  State  [Robert  M. 
Stewart].  1  submitted  to  him  my  communication,  a  copy  of 
which  is  herewith  laid  before  your  Excellency,  together  with  the 
reply  of  Governor  Stewart,  The  Missouri  Legislature  was  not 
in  session,  and  would  not  convene  until  the  last  da\  of  Decem- 
ber, I860.  Many  of  the  members,  however,  of  both  Houses,  had 
milled  at  the  seal  of  <  rovernment,  and  it  being  oh\  ions  that  1 
could  not  await  the  organization  of  that  Body,  with  any  hope  of 
such  prompt  action,  on  its  part,  a-  to  enable  me  to  be  pi',  sent. 
and  return  here  in  time  for  the  Alabama  Convention,  an  infor- 
mal meeting  of  the  members  of  the  Senate  and  House  of  Uepr<  - 
sentativea  was  had.  in  the  Senate  Chamber,  after  due  publication, 
and  an  opportunity  was  afforded  me  of  being  In  ard,  b\  the  mem 
bars  and  the  people,  in  the  Hall  of  the  House  of  Kepi  lenta 
fives,  on  the  29th  of  December  past  ;  and,  after  which,  action  was 
had  \>\  the  member*  who  convened  in  the  Senate  Chamber,  and 
adopted  a  preamble  and  resolutions,  which  were  handed  to  me,  and 
which  I  herewith  submit  to  your  Excellency. 


106  l!l-T'Hn      AMI     IH'.l    ' 

I  will  add  tli.it.  vi  far  as  I  OOtlld  1< am  (ami  then 

pression  of  opinion,  from  1 1 1  •  -  members  and  the  people  of  the 

of  M  ssouri),  thai  State  was  is  favor  of  cooperation  with 

the  slave-States,  and,  in  the  event  of  a  dissolution,  Missouri  will 

with i  the  South,  and  not   with  the  North.     Missouri 

-   and  realties  her  critic*]  situation,  being  a  border  State, 

bounded    North,    Bast    and    Weal    bj    free-soil    territory,    and 

nded  by  a  sta  the  South,  Bparselj  populated.     She 

will  move  with  slow  and  cautious  steps.     The  presenl  Governor 

M  — mi,  Hon.  < '.  V.  Jackson,  i^  decidedly  in  favor  of  calling 

State  <  orivention,  to  sd  in  tin-  presenl   political  crisis  of  the 

country,  and  his  views  arc  full}  foreshadowed  bj  liis  letter  of  the 

—  December  past,  as  well  as  in  bis  Message.     His  !•  tter  to  Gen 

Shields  i-«  also  here  referred  I 

Respectfully, 

w  .  COOPER. 


LETTEE  OK  <;<>\\  .IAiKSoN. 


M\   Dear  Sbtxlds — 1  observed  in  the  last  Expositor  a  call  for 
a  meeting,  to  take  place  in  Lexington,  on  the  LOth  of  this  month, 

to  consider  the  course  the  Southern  people  Bhould  pursue  under 
the  menaces  and  threats  of  Black  Republicanism,  from  the  free 
and  outspoken  terms  in  which  this  call  is  made,  and  the  nnquali- 

language  used  in  Betting  forth  the  objects  of  the  meeting, 

•  ■  of  us  at  a  distance  cannot  but  infer  that  the  good  people  of 
••(.hi  Lafayette n are  determined  to  assert  the  rights  which  belong 
to  them  under  the  Constitution,  and  set  themselves  right  before 
t  he  world. 

!  rejoice  to  see  that  the  men  "I  .all  parties  have  freely  signed 
this  call,  and  I  trust  in  < ; * n i  they  will  have  tin-  metal  and  the 
nerve  about  them,  when  thej  shall  assemble  together,  t<>  look  all 
impending  danger  squarelj  in  the  face, and  lirmh  but  respectfully 
declare  to  the  world  where  thej  will  he  found  in  the  fearful  i 
which  now  overhangs  our  common  country.  The  time  has  come, 
in  my  judgment,  when  a  settlement  of  all  the  questions  in  contro- 

\  must  he  had.  That  settlement,  t"  !»•  of  an\  value,  must 
be  ii  ii.  comiu.i;i ■!■:.  and  mrix,  and  expressed  in  such  terms  that 

me  can  doubt  the  exact  meaning  of  the  settlement.  In  the 
call  for  your  meeting,  you  have  declared  your  purpose  t"  demand 
an  "unconditional  repeal"  of  all  the  personal-liberty  laws  which 
have  been  passed  by  the  w-n'  Stales.  This  is  a  step.  I  think,  well 
taken,  a' el  leads  in  the  right  direct  ion.     But  doe.  n  go  far  enough  1 


THE  CONVENTION"  OF  ALABAMA.  407 

Does  it  reach  the  heart  of  the  disease?  Nothing  short  of  the 
most  positive  and  binding  obligations  would  I  accept  in  the  pro- 
posed settlement.     Suppose  those  offending  States  should  agree 

to  repeal  their  odious  enactments,  and  should  actually  do  it.  maj 
they  not  reenact  them  .the  year  following!  They  have  already 
violated  one  bargain,  under  the  pretence  of  construing  it  differ- 
ently from  us.  In  making  the  next  agreement,  let  it  be  mad. 
plain  that  the  wayfaring  man.  though  in  a  gallop,  cannot  mistake 
its  meaning.  Von  know  the  Constitution  lias  not  the  word  slave 
or  slavery  in  it.  Our  fathers,  who  made  it,  were,  in  reference  tb 
diis  subject,  possessed  of  a  little  mock-modesty,  or,  perhaps, 
more  properly  speaking,  they  were  a  little  too  mealy-mouthed  Co 
speak  "ut  "in  meeting,"  fully  what  they  thought  and  meant. 
Now,  everybody  knows  exactly  what  they  meant  ;  yel  the  \lioli- 
tionists  and  Black  Republicans  are  beginning  to  deny  its  true  in- 
tent and  meaning.  You  know  this  is  so — every  man  knows  it. 
Should  we.  then,  accept  anything  less  than   an   amendment  to  the 

Constitution,  setting  forth,  in  the  plainest  terms,  the  esect  agree- 
ment entered  into?    I  do  not  know  that  we  should  ask  this  by 
of  "amendment,"  but  rather  as  an  explanation  of  the  true 
meaning  of  the  Constitution.     We  should  also  require  a  proper 
penalty  of  i'\ryy  State  that  failed  to  comply,  in  good   faith,  with 
the  Constitution   and   laws   upon   this  subject.      Each   State  thai 
permits  its  citi/ens.  in    the   way  of  armed  mobs,  or  Otherwia 
obstruct  the  faithful  execution  of  the  fugitive  Slave  Law.  should 
field  r  Sponsible  to  the  owner  of  the  slave  for  all  damages  and 
[t  has  occurred  to  my  mind  that  wo  should  de- 
mand this,  or  something  like  it.     I  will  not  differ  with  friends  in 
the  matter  of  detail,  or  mere  form  of  the  thing  ;   so  1  get  the  suh- 
stanoe  I  should  feel  satisfied. 

Some  of  the  Union-savers,  and  some  <<f  our  more  timorous 
fiends,  are  insisting  that  we  must  wait  yet   a   while   longer,  until 
Lincoln  shall  commit  some  "overtact.      They  tell  us  his  elec- 
i  is  no  good  cause  for  secession.     I  agree  that  tin'  mere  j 
winner  of  Lincoln's  election  does  not  furnish  good  and  su 
grounds  for  secession  :  hut  when  we  consider  that   Lincoln  is 
die  representative-man  of  the  Black   Republican  party — that  h< 
-  taken  up  by  ill'-  ( Chicago  <  invention,  and  afterwards  eh 
solely  because  he  was  the  author  of  the  declare! 
that  "this  Government  cannot  endure  permanently  half  slave  and 
halt'  free.'"     I  ask  if  his  election,  under  these  circumstan 
committing  the  "overt  act?"     Can  i  it  as  anything 

than  a  declaration  of  war,  upon  the  whole  slave  pi  f  all 

the  Southern  States?      I-  it  not  a  moral  dissolution  nt   the  Union 


408  HISTORY    and    DBBATM    01 

— ;i  virtu  rl  disruption  of  the  Government?     I  ■'.  I  can- 

not bul  regard  the  election  of  Lincoln  as  having  brought  to  a  fo- 
cus all  the  threats  and  agitations  of  the  last  thirtj  veai 
ering  the  politioal  ties  which  have  held  together  the  people  of  the 
Northern  and  Southern  States ;  as  alienating  their  affections,  and 
placing  them,  to  a  greal  extent,  in  tfa  a  of  two  opposing 

armies  standing  in  hostile  arra}  to  each  other.  But,  m)  dear 
sir.  do  nol  understand  me  as  undertaking  to  dictate  what  should 
be  done.  I  simply  took  up  my  pen,  on  reading  your  call  for  a 
meeting,  to  say  to  you  thai  you  have  mj  heart)  approval  and 
wannest  sympathies  in  this  movement.  We  shall  hold  a  meet- 
ing in  Saline,  on  the  14th,  and  would  be  glad  t'>  have  you  with 
us  if  it  would  not  put  you  to  t<>..  much  trouble.  This  is  all  I  in- 
tend to  say  in  the  outset  :    hut  as  I  have  a  little  space  I  will  add  a 

woid  more.  I  think  the  people  of  each  Southern  state  should 
hold  Conventions  at  once,  and  these  conventions  should  appoint 
delegates  to  a  general  Convention  of  all  the  Southern  States, 
where  they  could  all  agree  on  what  ought  to  he  demanded,  and 
that  all  might  act  in  concert  in  carrying  out  the  measures  and  po- 
licy agreed  upon.  Had  I  been  acting  Governor  of  the  State,  I 
should  have  called  the  Legislature  together  before  now,  in  order 
that  they  might  consider  the  question  of  calling  a  Convention, 
and  at  the  same  time,  it'  thought  proper,  to  dispatch  a  Commis- 
sioner to  South-Carolina,  Gnorgia,  etc.,  etc..  asking  them,  as 
friends,  mit  to  go  out  of  the  Union,  by  any  bast)  step,  but  remain 

with  us  and  inert  us  in  ( 'snvciition.  and.  it  go  we  must,  let  us  all 
go  out  together.  Let  us  exhaust  all  the  means  in  our  power  to 
maintain  our  rights  in  the  Union, let  us  preserve  the  Government, 
if  possibly  in  our  power;  hut  if.  after  having  tried  all  the  reme- 
dies within  our  grasp,  if  these  should  fail — as  I  fear  they  will — 
then.  I  sa\ .  let  us  dissolve  the  Connection,  ami  maintain  the  rights 
which    belong    to    uv.    \r    \i.i.    HAZARDS,    \m>    TO    THE    LA81     BXTRM- 

Mll  'i  . 

In  my  arguments  upon  this  subject  I  have  thought  it  a  waste  of 
words  and  time  to  discuss  the  abstract  right  of  secession.     To  us 
les  nol   matter  whether  it  lie  a  Constitutional  remedy  or  not. 
Adiat  right  has  the  Black  Republican  or  his  allies  to  read  us  lec- 
tures on  Constitutional   rights,  after  having  violated,  with   impu- 
nity,   the    plainest    provisions  of  the   Constitution    for   more  than 
thirty  years  .'     I  pray  that  our  friends  ma)  not   he  betrayed  into 
any  rash  acts  or  measures.     Let  there  he  no  threats,  no  bravado, 
isconading;  hut  firmly  and  determinedly  lei  us  take,  our  po- 
sition, in  the  right,  and  stand  hv  it  to  the  last. 

c.  F.JACKSON-. 


the  convention  of  alabama.  401) 

Jefferson  Citv,  Missouri,      ) 
December  26,  I860.  J 

To  HU  Excellency  A*.  .1/.  Stewart,  Governor,  dx: 

Sir  :   At  a  late  session  of  the  Legislature   of  the  State  ot'  Ala 
Kama,  and  on  the  34th  day  of  February,  1860,  the  Senate  an-! 
House  of  Representatives  of  the  State  of  Alabama,  in  General 
Assembly  convened,  adopted  the  following   Preamble  and  Ri 
lution,  viz  : 

"  Whekkas,  anti-slavery  agitation,    persistently  continued    in 
the  non-elaveholding  States  of  this  Union  for  more  than  a  third  of 
a.  century,  marked  at  every  stage  of  its  progress  by  contempt  for 
the  obligations  of  law  and  the  sanctity  of  compacts,  evincing 
deadly   hostility  to  the  rights  and    Institutions  of  the  Soutbei 
people,  and  a  settled  purpose  to  effecl  their  overthrow,  even  bj 
the  subversion  of  the  Constitution,  and  at  the  hazard  of  blood 
shed:   and  whereas,  a    sectional  party,    calling    itself  Republican. 
committed  alike    by  its  own  acts   and  antecedents,  and  the  public 
avowals,  and  secret  machinations  of  its   leaders    to   the    executu  n 

of  those  atrocious  desings,  has  acquired  the  ascendant  in  evea 
Northern  State,  and  hopes  by  success  in  the  approaching  Preai 
dentia]  election,  ftj  seize  the  Government  itself;  and,  whereas,  t" 
permit  such  a  seizure  by  those  whose  unmistakable  aim,  is  to  per- 
vert its  whole  machinery  to    the   destruction   of  a  portion  of  its 
members,  "WOuld  he  an  act    of  suicidal   folly  and    madness,  almost 
without  a  parallel  in  history  :  and.  whereas,  the  General  Assem 
My  oi   Alabama,  representing  a  people  Loyally  devoted   to  the 
[Jnion  of  the  Constitution,  bul  scorning  the  Union  which  fanati 
cisui  would  erect  upon  it  ruins,  deem  it  their  solemn  duty  to  pro- 
vide in  advance,  the  means  by  which  they  may  escape  such  peril 
and  dishonor,  and  desire  new  securities  for  perpetuating  the  Mess 
ings  of  liberty  to  themselves  and  their  posterity.     Therefore, 

/;■  U  Resolved,  By  the  Senate  and   House  of  Representatives 
of  the  State  of  Alabama,  in    General    Assembly  convened,     ! 
upon  the  happening  of  the  contingency  contemplated  in  thefoi 
ing  preamble.  Darnel]  :  the  election  of  a  President  advocating 

principles  and  actions  of  the  part}   in  the  Northern  g  tiling 

itself  the  Republican  part) .  it  shall  be  the  duty  of  the  <  I 
and  he    is  hereby    required    forthwith    to  issue    his    proclam&t 
calling  upon  the  qualified  voters  of  this  State  to  assemble  on 

M  ■'-lay  id  more  than    forty    da\  s   after  tin'  date  of  said  p: 

[nation,  and  at  the  general   places  of  voting,  in  their  respect 
counties,  to  elect   D  9  to  a  State  Convention  of  the  St 

to  consider,  determine,  and   do  whatever  in  the  opinion  of 


410  IHSToKY    AND    DEBATES    OF 

Convention,  the  rights,  interests  and  honor  of  the  state  of  Ala- 
bama requires  to  !»«■  done  for  their  protection. 

And  "ii  the  25th  day  of  February,  I860  another  Resolution 
was  adopted  and  passed  by  said  body,  as  follows,  (i 

••  /;<  U  Beaolwd,  That  in  the  absem fan)  preparation  for  a 

matic  Cooperation  of  the  Southern  states  in  resisting  the 
ins  of  their  enemies,  Alabama,  acting  for  herself,  lias  sol- 
emnly declared,,  thai  under  no  circumstances  will  she  submil  to 
the  foul  domination  of  a  Sectional  Northern  party  ;  has  provided 
for  the  care  of  a  Convention,  in  the  want  of  the  triumph  of  such 
.1  fection  in  the  approaching  Presidential  election,  and  to  maintain 
her  position  thus  deliberately  assumed,  has  appropriated,"  &e. 

Under  the  foregoing  Resolutions,  and  the  influence  of  subse- 
quent political  events,  his  Excellenoy  Andrew  B.Moore, Gov- 
ernor of  the  State  of  Alabama,  deeming  it  proper  to  consult  with 
the  slaveholding  States  of  the  Union,  as  to  what  is  best  to  be  done 

to  promote  their  and  >'\\v  interests  and  honor,  in  the  crisis  which 
die  action  of  the  Black  Republicans  has  forced  upon  the  country, 
and  believing  that  the  Conventions  of  South  Carolina  and  Flori- 
da, IS  wed  as  the  Legislatures  of  some  of  the  other  States  would 

have  assembled  and  acted  before  the  meeting  of  the  Convention 
of  Alabama,  and  thus  the  opportunity  of  conferring  with  them 
would  lie  measurably  lost,  determined  to  appoint  Commissioners 
.i'h  of  the  slaveholding  States,  in  time  to  enable  them  to  re- 
port die  result  of  the  Convention  to  him  befbro  the  meeting  of 
the  Alabama  Convention,  (which  will  assemble  at  the  cit)  of 
Montgomery,  on  the  Tth  of  January,  1861,)  that  the  same  mighl 
lie  laid  before  that  bod)  . 

The  election  of  members  to  the  Alabama  Convention  was  hold- 
cm  the  24th  December,  1860. 

This  course  was  pursued  by  Governor  Moore,  because  the 
Southern  States  could  not.  without  violatingtbe  Constitution  of 
the  United  states,  make  any  agreement,  form  any  alliance,  nor 
■  ■nter  into  any  compact  for  their  mutual  protection,  before  sepa- 
rate State  secession  ;    and  ItCcaiise  all  that  can  be  done,   will  lie  to 

onsult generally  as  to  what  would  be  best;  and  afterwards  t<> 
le separate!)  as  emergencies  mighl  demand,  and  thereafter  co- 
operate in  the  formation  of  such  Confederacy  as  might  tend  t<> 
die  general  welfare. 

1  bder  this  state   of  facts  the  undersigned  was.  b)  Andrew   1>. 

Motire,  (iovernor  of  the  State  of  Alabama,  on  the  18th  of  Decem- 

.  1860,  commissioned  to  the  State  of  Missouri  to  consult  and 

idvise  with   his  Excellency  the  Governor  of  Missouri,  and  with 


THE    CONVENTION    OF    ALABAMA.  411 

the  Legislature,  and  all  other  public  functionaries  of  said  Stale. 
touching  the  premises  as  to  what  shall  be  deemed  best  to  be  done 

tO  protect  the  rights,  interests,  and  honor  of  the  slavehohling 
States;  and  all  of  which  is  respectfully  submitted  to  elicit  the 
counsel  and  opinion  of  the  State  of  Missouri,  as  to  what  is  besi 
to  he  done  by  the  slavehohling  States,  in  the  present  political  cri- 
sis, and  all  of  which  i  respectfully  submit  to  elicit  the  consultation 
and  advice  of  the  State  of  Missouri  in  the  premises. 

Respectful  I  v. 

WM.  COOPER, 
Commissioner  from  Alabama. 


GOVERNOR  STEWART  TO  OrOVERNOR    MOORE. 

Executive  Department.      ) 
City  of  Jefferson,  Dec  30th,  18<>o.  \ 

His  Kxcellenc))  A.  />.  Moore, 

(;<>>■,  rnor  of  .  ilabama, 

Montgomery^  Alabama. 

Sir:  I  acknowledge  with  pleasure  the  receipt  of  your  favor  of 
the  18th  inst,  accrediting  and  introducing  to  me  .Mr.  William 
(ooper  as  a  Commissioner  from  Alabama  to  Missouri,  to  confer 
with  proper  authorities  in  this  State,  respecting  all  matters  con- 
nected with  the  present  political  and  governmental  crisis  in  the 
United  States. 

I  am  truly  gratified,  and  the  people  of  Missouri  will  be  pleased 
to  learn,  that  you  have  taken  a  course  which  looks  to  a  friendly 
conference  of  all  the  slavediohling  States.  Be  assured,  sir,  that 
in  Missouri  we  have  a  lively  appreciation  of  the  practical  injuries 
suffered  from  the  interference  and  depradations  ol'  Northern  fa- 
natics. 

Owing  to  the  peculiarity  of  our  geographical  position,  being 
bounded  by  nearly  a  thousand  miles  of  free  Territory,  our  State 
probably  Suffers  more  from  the  loss  and  abduction  of  slaves  than 
any  of  her  sisters;  and  our  people  arc  determined  to  seek  n  ■ , 
for  their  wrongs  and  full  security  and  indemnity  fur  their  rights. 
At  the  same  time  they  art,  to  far  as  I  am  advised,  equally  opposed 
to  separate  or  immediate  action  upon  a  subject  of  »o  grave  impor- 
tance. 

The  people  of  Missouri  ■will  still  seek  for  the  acknowledgment 
and  indication   of  their  rights  within  the  Union,  rather  than  "fly 


412  HISTuKV     AMI    DX0ATX8    0F 

from  present  evilfl  to  those  we  know  not  of;"  and  when  the  terms 

fair  adjustment  are  refused,  will  be  prepared  to  join  with  tlio 

holding  States  in  united  measures  for  the  re  Ireas  of  "tir  oom- 

rie\  anoe& 

For  a  farther  exposition  of  my  views  on  this  subject,  I  beg  to 

refer  you  to  my  forthcoming  annual   message  to  the  General   \ 

ly  "t"  Missouri;  which  you  will  doubtless  receive  before  the 
meeting  of  your  State  Convention  on  the  7th  proxim  >,  as  also  that 
<>!'  my  successor  of  whose  opinions  1  am  not  specially  advised,  (n 
the  meantime,  be  assured,  that  a\  ery  oonrtosy,  which  the  representa- 
tives of  a  great  and  generous  people  know  how  to  bestow,  will  he 
cordially  extended  to  the  worthy  and  gentlemanly  Commtssener, 
somes  here  honored  with  the  confidence  of  Alabama. 
Yours,  respect  fully, 

K.  M.  STEWART. 


At  an  adjourned  meeting  of  the  members  of  the  Legislature  of 
Missouri,  held  at  the  Capitol  on  Saturday.  December  29th,  istii). 
■  to  the  meeting  of  the  General  Assembly, after  the  address  of 
the  II. ui  William  Cooper,  Commissioner  from  the  State  of  Ala- 
bama, Dr.  .John  Hyer,  Senator  from  i>enf,  was  elected  Chairman, 
and  ]'.  C.  Cloud,  htsq.,  of  Pemescot,  was  elected  Secretary. 

Hon.  _M.  M.  Parsons,  Senator  from  Cole,  offered  the  following: 

>lved,  That  we  have  heard  with  deep  interest  the  address 

ui'  tin1  Hon.  William  Cooper,  Commissioner  appointed   from   the 

State  of  Alabama,  to  consult  with  us  in  regard  to  what,  course  the 

slaveholding  States  should  take  under  the  present  crisis,  and  that 
we  will,  during  the  coming  session,  express  our  opinions,  officially, 
upon  the  questions  now  distracting  the  Union,  and  will  furnish 
his  Kxcelleney,  the  Governor  of  Alabama,  with  a  copy  of  such 
resolutions  on  the  subject  as  the  General  Assembly  may  adopt," 
which  was  unanimously  adopted. 

Hon.  Thomas  W.  freeman,  Representative  from  Polk,  offered 
the  following : 

•'  Resolved,  That  the  Secretary  of  this  meeting  be  direeted  to 
transmit  a  copy  of  the  Resolutions  adopted  by  this  meeting  to  his 
Excellency,  the  Governor  of  Alabama,  by  Hon.  William  Cooper, 
( lommissioner  from  that  State  " 

Which  was  unanimously  adopted,  and  thereupon  the  meeting 
adjourned. 

R.  C.  CLOUD, 

Secretary. 


THE  CONVENTION  OF  ALABAMA.  413 

report  of  this  hon.  john  a.  winston,  commissioner  to 
louisiana. 

January  %  1861. 

Sir:  In  obedience  to  your  instructions,  I  repaired  to  the  scat 
of  Government  of  the  State  of  Louisiana,  to  confer  with  the 
Governor  of  that  State,  and  with  the  legislative  department,  on 
the  grave  and  important  state  of  our  political  relations  with  the 
Federal  Government,  and  the  duly  of  the  slavebolding  States  in 
the  matter  of  their  rights  and  honor,  so  menacingly  involved  in 
matters  connected  with  the  institution  oi'  African  slavery. 

Owing  to  the  fact  that  the  Legislature  was  in  session  only  three 
days,  and  other  unavoidable  causes,  I  did  not  arrive  at  Baton 
Rouge  until  after  the  Legislature  had  adjourned.  But  I  mel 
many  members  of  the  Legislative  Corps,  and  communicated  with 
them,  and  with  His  Excellency.  Gov.  T.  <  >.  Moore,  on  the  pur- 
poses of  mj  Embassy,  and  have  the  pleasure  to  report  that  the 
legislative  mind  appeared  fully  alive  to  the  importance  and  the 
absolute  necessity  of  the  action  of  the  Southern  States,  in  resist 
ance  of  that  settled  purpose  of  aggression  on  our  Constitution;;! 
and  inherent  natural  rights,  by  the  majority  of  the  people  of  the 
nqn-slave-holding  States  of  the  Federal  Union;  which  purpose 
and  intention  has  culminated  in  the  election  of  a  man  to  the  Fres- 
idency  of  the  United  States,  whose  opinions,  and  construction!) 
of  Constitutional  duty,  are  wholly  incompatible  with  our  safety  in 
a  longer  union  with  them. 

In  evidence  of  such  a  conclusion,  the  Legislature  of  Louisiana 
have  provided  i'^v  a  Convention  of' the  people,  to  consider  and 
take  action  on  the  matter;  the  election  of  delegates  to  which 
takes  place  on  the  7th  instant, -and  the  Convention  assembles  on 
the  23d  instant. 

I  was  rejoiced  to  find  the  Governor  fully  up  to  the  conclusion, 
that   the  time  had  come  when  the  enjoyment  of  peace  and  our 
rights  a--  co-equals  in  this  Confederacy,  were  no  Longer  to  L 
peeted    <»,'■    hoped    for:   and    that    the   solemn    duty  now    devolved 
upon  us.  of  separating  from  all  political  connection  with  the  Stale- 
so  disregarding  their  Constitutional  obligations,  and  of  forming 
such  a  Government  as  a  high  sense  of  our  rights,  honor,  and  fu- 
ture peace  ami  safety  shall  indicate.    And  that,  although  the  » 
of  the  necessity   of  BUCh  a  course,  may  not   yet    he  so  nearlj    : 
oral  and  unanimous  in  Louisiana  as  in  some   other  States,  he  was 
<»f  the  opinion  that  the  conclusion  was  hourly  gaining  ground, 

that    tlnre    was   no   hope  of  justice  or   safety  to  US,  exoepl  in  a  s. 


Hi  HISTORY    AND    DEBATES    OF 

paration,  and  thai  the  State  of  Louisiana  would  not  hesitate  to 
cooperate  with  those  Southern  States  who  might  prove  equal  to 
the  emergency  of  decided  action. 

The  State  of  Louisiana,  from  the  &d  that  the  Mississippi  Lliver 
flows  through  its  extent,  and  debouches  through  her  borders,  and 
that  the  great  commercial  depot  Of  that  river  and  its  tributaries 
is  the  city  of  New  Orleans,  occupies  a  position  somewhat  more 
complicated  than  any  other  of  the  Southern  Stairs,  and  may  pre- 
sent some  cause  of  delay  in  the  consummation  and  execution  of 
the  purpose  of  a  separation  from  the  North-Western  States,  and 
the  adoption  of  anew  political  status. 

In  consideration  of  these  facts,  more  time  may  be  required  for 
reflection  than  might  otherwise  appear  necessary  :  and  as  the  Con- 
vention does  not  assemble  for  some  weeks,  that  may  prevent  ac- 
tion on  the  question  until  some  time  in  February.  As  a  point  of 
policy  it  might  be  advisable  for  the  State  of  Alabama  to  an- 
nounce her  intention,  as  a  foregone  conclusion — a  fixed  fact — that 
on  a  day  appointed,  our  relations  as  a  member  of  the  political  as- 
sociation known  as  the  United  States,  had  ceased  ;  and  that  Ala- 
bama, acting  as  a  sovereign  for  herself,  in  the  Act  of  Separation. 
was  prepared  to  form  such  political  relations,  with  States  having 
a  community  of  interest  and  sympathies,  as  to  them  may  seem 
just  and  proper. 

I  feel  assured,  that  by  such  a  course  of  respectful  delay  on  our 
l»art,  other  States  would  more  promptly  respond  to  whatever  ac- 
tion Alabama  may  take,  and  that  there  is  little  or  no  doubt  but 
that  Louisiana  will  cooperate  with  the  States  taking  action,  and 
80  add  dignity  and  importance  to  the  movement — which  is  so  es- 
sential to  secure  the  respect  and  recognition  of  foreign  nations^ 
and  the  support  of  hesitating  States. 

Should  it  in'  considered  advisable  by  your  Excellency,  to  com- 
municate further  with  the  authorities  of  the  State  of  Louisiana. 
after  her  Convention  shall  have  assembled,  I  will  he  in  Mobile, 
and  can  receive  readily,  by  mail,  or  telegraph,  any  instructions 
you  may  deem  it  advisable  to  make;  and  1  will,  without  dcla\ . 
endeavor  to  discharge  them.  Trusting  that  the  time  has  conn-. 
when  not  only  Alabama,  but  the  entire  South,  will  prove  pre- 
pared to  vindicate  her  holier  by  a  tearless  assertion  of  her  rights, 
and  her  determination  to  enjoy  them. 

Most  respectfully,  your  obedient  servant,  etc.. 

JOHN  A.  WINSTON. 

T>>  His  Excellency  .1.  11.  Moore. 


THE    CONVENTION    OF    ALABAMA.  415 

REPORT    OF    Till:     HON.    L.    P.    WALKER,    COMMISSIONER    TO 

tennessee. 

Montgomery,      [ 
January  lo\  1801 .  ) 
To  His  Excellency  A.  11.  Moon  .■ 

Sir:  r>v  authority  of  your  Excellency's  commission,]  proceed- 
ed to  Nashville.  Tennessee,  whore,  on  the  9th  inst.,  I  addressed, 
by  invitation,  both  branches  of  the  Legislature  of  that  State.  1 
beg  to  report,  as  the  result  of  my  mission,  that  there  is,  in  my 
opinion,  no  doubt  that  Tennessee  will  unite  with  the  Gulf  States 
in  forming  a  Southern  Confederacy.  The  right  or  wrong  of  se- 
( session  is  not  the  question  submitted  for  their  determination. — 
That  may  very  well  be  pre-termitted  in  that  State.  The  Union 
is  dissolved  without  their  action,  and  the  practical  question  for 
them  to  decide  is,  shall  they  go  with  the  North  or  with  the  South? 
And  ill  deciding  this  question  the  result  is  obvious.  There  is  a 
geographical  necessity  that  Tennessee  shall  unite  with  the  South. 
Her  trade,  like  the  waters  of  her  beautiful  rivers,  flows  south- 
ward, and  being  homogeneous  in  opinion,  in  character,  and  in  civ- 
ilization, her  natural  sympathies  are  stimulated  by  her  commer- 
cial necessities,  and  make  her  drift  quietly  and  surely  into  the 
union  of  the  Southern  States.  I  consider  this  result  as  absolutely 
certain. 

I  cannot  close  this  communication  without  acknowledging,  in 
behalf  of  m\  State,  the  marked  and  cordial  courtesy  with  which 
I  was  received  by  all  parties  in  Tennessee. 

With   sentiments  of  high   consideration  and    regard, 

I  am.  very  truly. 
Your  friend, 
L.  P.  WALKER. 


REPORT  OF  Till:  HON.  E.  C.  BTTLLOCH,  COMMISSIONER  TO 
FLORIDA. 

Montgomery,  A.la.,  January  L5,  1861. 

To  //.'.-  Excellency  Andrew  />'.  Moore,  Governor  of  Alabama'. 
Si,- — Under   the   authority    of    the   Commission    conferred     by 

your  Excellency,  and  iii  discharge  of  the  duties  imposed   by  it. 
I  reached  Tallahassee  on  the  :;i  day  of  January,  at  which  place 


416  HISTORY     AM)     DEBATI6     OK 

and  time  the  Convention  of  the  State  of  Florida  assembled.  '1  hat 
Body,  without  having  effected  a  permanent  organization,  after  a 
very  brief  session  adjourned  until  Saturday,  the  5th  instant,  the 
intervening  Friday  having  been  observed  as  a  daj  of  fasting  and 
er.  On  Saturday.  I  lis  Excellency  Gov.  Perry,  to  whom  mj 
oredentlals  had  been  previously  presented,  communicated  the  fact 
of  my  presence,  as  Commissioner  froin  Alabama,  to  the  Conven- 
tion. On  Monday,  the  7th  inst.,  1  was,  together  with  the  Com- 
missioner from  South  Carolina,.  Hon.  I-.  \\  .  Spratt,  formally  in- 
troduced  to  the  Convention,  by  a  Committee  appointed  for  the 
purpose,  and  had  the  honor  bo  set  forth,  in  an  address  before  that 
Body,  the  views  entertained  by  the  State  of  Alabama,  as  since 
indicated  by  the  action  of  her  <  Jonvention,  as  to  the  best  mode  ot 
protecting  the  rights,  interests  ami  bonor  of  the  slave-holding 
3,  urging  the  promptest  action,  as,  under  the  circumstances, 
the  truest  wisdom,  and  as  furnishing  the  best  hone  of  a  peaceful 
solution  of  our  difficulties.  The  friendly  voice  of  Alabama,  how- 
ever feebly  uttered,  was  heard  with  the  most  respectful  attention. 
and  the  opinions  expressed  seemed  to  meet  the  hearty  counten- 
ance of  a  large  proportion  of  the  Convention. 

On  the  evening  of  Monday,  a  resolution,  affirming  the  right 
and  necessity  of  speedy  secession,  which  had  been  introduced  pn 
Saturday,  was  adopted  by  a  vote  of  Sixty-Two  to  Five;  and  a 

Committee  was  appointed  to  prepare  the  Ordinance  of  Secession. 
which  was  reported  on  Wednesday,  the  9th  inst.  Several  amend- 
ments, intended  to  delay  any  action  until  after  the  secession  of 
Georgia  and  Alabama  should  be  first  accomplished,  or  until  the 

Ordinance  of  Secession  should  be  ratified  by  a  Vote  of  the  peo- 
ple of  Florida,  were  proposed,  bul  they  were  all  lost  l>\  decisive 
votes.      On   Thursday,  the    KMh    inst..   several   gentlemen  of  the 

minority,  who  had  warml)  supported  these  amendments,  and  at- 
tached very  great  importance  to  them,  avowed  their  purpose,  not- 
withstanding their  failure,  to  record  their  votes  in  favor  of  the 

Ordinance  of  Secession' — thus  riobly  sacrificing  their  personal 
views  upon  the  altar  of  their  country.  And  at  Twenty  Minutes 
past  Twelve  o'clock,  <>n  that  day,  I  had  the  extreme  gratification  to 
witness  its  passage,  by  a  vote  of  Sixty-two  to  Seven — every  mem- 
ber of  the  Convention  having  been  present.  1  have  appended  to 
this  Report  a  copy  of  the  Ordinance,  as  adopted. 

It  is  due  to  the  minority  to  state,  that  no  voice  in  i he  ( 'onven- 
mil  was  raised  in  favor  of  submission  to  Black  Republican  rule, 
and  that  their  whole  aim  seemed  to  be  to  make  the  secession  of 
Florida  follow,  instead  of  preceding,  that  of  Alabama  and  Geor- 
gia.    If  there  was  a  man  in  Florida,  who,  with  these  two  States 


THE  CONVENTION  OK  ALAHAMA.  417 

out  of  the  I  nioii.  desired  hei  to  remain  in  it,  hia  opinions  cer- 
tainly found  no  organ  in  the  Convention. 

The  main  facta  herein  stated,  in  respect  to  the  action  of  the 
State  of  Florida,  were  immediately  communicated  to  your  Ex- 
cellency, by  telegraph,  in  order  that  tho\  might  at  once  he  made 
known  to  the  (  invention. 

It  only  remains  to  add,  that  the  warmth  and  cordiality  with 
which  I  was  greeted  by  the  Governor,  the  Convention  of  Florida, 
and  the  people  whom  thej  represented,  as  the  Commissioner  of 
Alabama,  afforded  the  most,  gratifying  proof  that  the  strong  ties 
of  a  common  cause,  a  common  danger  and  a  common  destiny. 
were  deeplj  felt  and  appreciated,  and  the  best  reasons  for  hoping 
that  the  two  States,  divided  by  but  a  single  day  in  their  exodus 
from  a  Union  of  "irrepressible  conflict,"- will  soon  lie  closely 
joined  in  that  new  Union  of  brotherly  love,  in  which  a  homoge- 
neous people,  taking  their  destiny  into  their  own  hands,  shall  ex- 
hibit to  the  world  the  noblest  phase  of  Free  Government,  and 
the  highest  development  of  true  civilization. 

With  great  respect,  I  have  the  honor  to  be 

Your  Excellency's  obedient  servant, 

F.  C.  BULLOCU. 


ORDINANCE  OF  SECESSION. 

Wc,  the  people  of  the  State  of  Florida,  in    Convention  assembled, 
do  solemnly  declare,  publish  and  declare; 

That  the  State  of  Florida  hereby  withdraws  herself  from  the 
Confederacy  of  States  existing  under  the  name  of  the  United 
States  of  America,  and  from  the  existing  Government  of  the  Baid 
States;  and  that  all  political  connection  between  her  and  the 
Government  of  said  States  ought  to  he,  and  the  same  is  hereby 
totally  annulled,  and  said  Union  of  States  dissolved  ;  and  tin 
State  of  Horida  is  hereby  declared  a  Sovereign  and  Independent 
Nation  ;  and  that  all  Ordinances  heretofore  adopted,  in  so  far  as 
they  create  or  recognize  said  Union,  are  rescinded  ;  and  all  laws. 
or  parts  of  laws  in  force  in  this  State,  in  so  far  as  they  recopnized 
or  assented  to  said  Union,  be  and  they  are  hereby  repealed. 


418  Ili-IOKV    AND    DEBATES    OF 

REPORT  OF  THE  BON.  E.  W.  PETTUS,  COMMISSIONER  TO  Mlfr. 

SISSIPPI. 

Montgomery,  January  ~l.  1861. 
His  Excellency  .  I.  /'>.  Moon  i 

Sin*:  The  rapidity  with  which  information  is  now  communica 
ted  from  place  to  place,  and  the  almost  hourly  occurrence  of  most 
importani   events,  render  the  recitals  of  this  communicatii 
mere  repetition  of  facts  already  familiar  to  the  public  mind  : 
though  the  events  herein  recited,  concern  the  recent  dissolutio 
a  great  Government,  they  have  already  lost  much  of  their  ab- 
sorbing interest  because  of  the  rapid  succession  of  other  great  p  »• 
litical  changes  of  a  i 'e  recent  date. 

The  Convention  of  the  people  of  the  State  of  Mississippi  as- 
sembled at  the  city  of  Jackson  on  the  seventh  day  of  the  present 
month;  and  the  Hon.  William  S.  Berry,  of  Columbus,  was  i  I 
ed  President!  Then,  after  other  officers  were  chosen,  the  Conven- 
tion proceeded  bq  the  consideration  of  the  greal  question  which 
they  had  been  empowered  to  decide. 

The  object  of  my  mission  was  made  known  to  his  Excellency 
J.  J.  I'ettns.  the  Governor  of  that  State,  in  a  formal  note,  and 
was  by  him  communicated  to  the  Convention.  And,  as  Com- 
missioner from  this  State.  1  was  invited  to.  and  accepted  a  seat  in 
the  (  'on  vent  ion  ;  and  during  my  stay  at  the  Capitol  of  Mississippi, 
I  witnessed  the  proceedings  ol  the  Convention,  in  its  secret  as 

well  as  its  public  sessions. 

The  Convention  was  composed  <>f  ninety-nine  delegates,  inclu- 
ding man\  of  the  most  distinguished  men  of  the  State,  and  its 
deliberations  were  conducted  with  the  order,  dignity  and  solem- 
nity fitting  the  deliberations  of  a  sovereign  people  changing  their 

form  oi'  <  io\  ernment. 

There  was  a  Large  majority  of  delegates  who  favored  the  im- 
mediate dissolution  of  the  political  connection  between  that  State 
and  the  Government  of  the  United  States,  and  a  respectable  mi- 
nority was  opposed  to  the  separate  action  of  the  State;  but  no 
delegate  favored  the  continuance  of  the  Union  longer  than  was 
necessary  to  obtain  the  sanction  of  the  Southern  States.  The 
debates  arising  from  these  differences  of  opinion  among  the  del- 
egates, were  conducted  with  great  courtesy  and  forbearance.  On 
the  one  side,  the  majority  did  not  resort  to  the  parliamentary 
rules  sometimes  used  to  stille  debate;  and  on  the  other,  the  mi- 
nority opposed  no  factious  opposition  to  the  will  of  the  majority. 
No  Witter  personalities  marred  the  harmony  of  that  body,  assem- 
bled BOt  to   honor  or  to  punish   individuals,  but  to  direct  the  des- 


THE    CONVENTION    OF    ALABAMA.  41J< 

tiny   of  the  Stale,  and   to  save  its  people  from  wrongs  and  dis- 
honor. 

On  Wednesday,  the  ninth  day  of  this  month,  a  Committer 
appointed  for  that  purpose,  report,. .1  an  Ordinance  declaring  the 
State  <>t'  Mississippi  to  be  separated  from  the  other  States  of  tin 
Union,  and  also  giving  the  consent  of  the  people  of  that  State 
to  the  formation  of  a  Confederacy,  on  the  basis  of  the  present 
Constitution,  With  SUr.h  States  as  had  then,  or  might  thereafter 
secede  from  the  then  Federal  Union. 

Various  amendments  were  proposed  and  rejected  ;  and  about 
5  o'clock  in  the  evening,  the  Ordinance  Mas  passed  by  a  voted 
eighty-four  to  fourteen.  During  the  call  of  the  roll,  several  of 
the  delegates  made  remarks,  explaining  their  votes,  and  though 
some  of  these  remarks  were  most  eloquent  and  patriotic,  and 
were  listened  to  by  a  largo  concourse  of  spectators,  there  was  no 
symptom  of  applause,  or  other  disorder,  to  disturb  the  solemnity 
of  the  scene.  When  the  President  announced  the  passage  of  the 
Ordinance,  prayer  was  offered  in  the  most  fervent  and  impressiv. 
manner  to  the  great  Ruler  of  Nations,  for  the  peace,  protection 
and  prosperity  of  the  new  Republic.  It  was  a  scene  of  moral 
grandeur — the  doing  of  a  brave  deed  by  a  gallant  people,  trust 
ing  in  God. 

On  the  day  after  the  passage  of  the  Ordinance.  I  was  formally 
invited  to  address  the  Convention;  hut,  as  the  purpose,  of  my 
mission  had  been  accomplished,  and  having  no  authority  from 
the  Convention  of  Alabama,  to  make  any  proposition  concerning 
the  formation  of  a  new  Government,  and  not  even  knowing  what 
would  be  the  action  of  our  State,  I  thought  it  best  that  I  should 
not  address  the  Convention,  and,  therefore,  declined  the  invitation 

The  Ordinance  of  Secession  was  enrolled  on  parchment,  and  it 
was  signed,  on  the  15th  instant,  by  every  delegate  except  two 
who  were  absent  from  the  Convention.  The  people  of  Missis 
sippi  are  no  longer  divided.  They  are  of  one  mind,  ready  t< 
spend  their  fortunes  and  their  lives  to  make  good  that  which 
their  delegates  have  ordained.  As  the  minority  of  the  delegate! 
made  no  factious  opposition,  so  the  minority  of  the  people  ai- 
not  inclined  to  make  a  seditious  resistance  to  the  sovereignty  o< 
the  State.  Those  who  were  opposed  to  changing  the  form  of 
Government  are  now.  with  a  patriotism  worthy  of  all  honor.  d< 
termined  to  conquer  or  die  in  defence  of  the  rights  and  BOvei 

eignty  of  their  State. 

I  left  Jackson  on  the  18th  inat.,  after  having  informed  the  Gov- 
ernor and  the  Convention  of  my  intention  tO  d 

1  have  the  honor  to  be,  with  great  respect,    win-  olTt  ser\"\ 

EDMUND  W.  PETTUS. 


120  HISTORY    AND    DEBATES    OK 

Cahaba,  Dec.  12,  18(»o. 
His  Excellency  Andrew  />.  Moore: 

Sir:  Without  waiting  to  make  a  forma]  report  of  my  mission 
t  »  the  State  of  Mississippi,  I  write  now  to  give  your  Excellency 
such  information  as  1  have  in  reference  to  the  condition  of  thai 
State. 

In  my  last  communication  I  informed  you  particularly  .as  Co 
the  acts  of  the  called  session  of  the  Legislature  of  Mississippi, 
an<l  that  the  Legislature  had  adjourned  before  1  reached  Jackson. 

I  presented  my  credentials  to  Governor  lYttus.  and  was  re- 
ceived and  treated  by  him  with  all  the  consideration  and  respect 
due  to  the  position  in  which  your  Excellency  bad  placed  me.  1 
also  met  in  Jackson  the  Judges  of  the  High  Court  of  Errors  and 
Appeals,  the  Presidential  Electors,  and  other  distinguished  citi- 
zens of  that  State,  all  of  whom  declared  that  there  was  a  moral 
certainty,  that  a  large  majority  of  the  Delegates  to  be  elected  to 
their  State  Convention  would  be  in  favor  of  the  immediate  seces- 
sion of  that  State  from  the  Federal  Union  ;  and  a  Confederacy 
with  such  of  the  Southern  States  as  may  withdraw  from  the 
Union.  The  Governor  of  the  State,  and  all  others  with  whom  1 
conversed  in  Jackson,  approved  of  a  consultation  with  all  of  the 
Southern  States  in  the  mode  provided  by  their  Legislature,  that  is, 
by  means  of  Commissioners ;  and  they  desired  their  State  to 
cooperate,  but  only  with  such  of  the  slaveholding  States  as  would 
secede  from  the  Union  without  delay.  They  look  with  special 
anxiety  to  the  action  of  Alabama,  owing  to  the  local  position  of 
our  State,  and  the  fact  that  a  very  large  part  of  their  trade  is 
carried  on  through  our  seaport.  Mississippi  has  no  seaport 
which  is  aceessable  at  this  time,  and,  consequently,  is  not  so  well 
able  to  carry  on  a  separate  Government  as  Alabama.  But  with 
the  cooperation  of  Alabama  or  Louisiana,  I  am  satisfied  that 
Mississippi  is  prepared  for  immediate  secession. 

There  are  certain  facts,  apart  from  the  opinions  of  distin- 
guished citizens  of  that  State,  which  strongly  tend  to  show  that 
it  is  the  purpose  of  the  State  to  secede : 

The  Governor,  the  three  Judges  of  the  High  Court,  the  two 
Senators  and  all  their  Representatives  in  Congress,  the  Auditor, 
Treasurer,  Attorney-General  and  all  the  members  of  the  State 
Legislature,  (except  three,)  are  in  favor  of  secession,  and  declare 
i  heir  sentiments  without  reserve.  Such  a  body  of  men  so  united, 
and  including  in  their  body  a  very  large  portion  of  the  talent  of 
the  State,  with  the  advantages  ot  their  official  positions,  must 
have  great  influence  in  directing  the  action  of  the  State.     And  it 


THE  CONVENTION  OF  ALABAMA.  421 

is  not  unreasonable  to  suppose  that  public  sentiment  in  the  State 
has  had  some  influence  on  men  in  the  high  places. 

In  the  late  Presidential  election,  the  party  favoring  the  elec 
tion  of  Mr.  Breckinridge  declared,  in  Mississippi,  through  their 
orators,  that  if  Lincoln  was  elected,  the  State  ought  to  secede 
from  the  Union.  The  candidates  nominated  by  thai  party  for 
Electors,  received  40,797  votes;  the  candidates  of  the  Constitu- 
tional Union  party  received  25,040  votes;  and  the  candidates 
who  preferred  Judge  Douglas,  obtained  3,283  votes.  There  are 
sixiy  counties  in  the  State,  and  in  forty-seven  counties,  the  candi- 
dates of  the  party  which  nominated  Mr.  Breckinridge  received  a 
full  majority  of  the  votes.  It  is  true,  that  old  party  lines  are  de- 
stroyed: but  it  is  also  true,  that  nearly  all  of  those  who  voted 
for  Mr.  Breckinridge,  and  a  large  number  of  those  who  acted 
with  the  Constitutional  Onion  party,  and  some  of  the  friends  of 
Judge  Douglas,  are  now  in  favor  of  the  secession  of  their  State 
from  the  Union.  These  facts,  as  I  believe,  show  what  will  be  the 
action  of  the  State. 

Under  the  Resolution  passed  by  the  Legislature,  the  Governor 
of  Mississippi  has  appointed  J.  W.  Matthews,  of  Marshall  Coun- 
ty, who  was  formerly  the  Governor  of  the  State,  as  Commissioner 
to  Alabama.  1  le  is  a  man  distinguished  for  his  practical  wisdom, 
and  highly  honored  by  the  people  of  his  State.  The  Commis- 
sioner to  this  State  will  remain  in  Montgomery  until  after  the 
7th  day  of  January,  to  consult  with  your  Excellency  and  the 
Convention  to  assemble  on  that  day. 

Governor  Pettus  will  send  Commissioners  to  all  the  Southern 
States.  The  Judges  of  the  High  Court,  the  Attorney-General, 
and  Mr.  Thompson,  the  present  Secretary  of  the  Interior,  are 
among  the  Commissioners  appointed.  Mr/Thompson  is  to  go  t" 
North  Carolina,  if  he  will  accept  the  position;  and  Mi-.  Hooker 
is  to  go  to  South  Carolina,  with  instructions  to  advise  the  author- 
ities of  that  State  to  secede  from  the  Union  without  waiting  for 
the  action  of  other  States. 

Tin'  Legislature  of  the  State  of  Mississippi,  last  winter,  appro 
nriated  one  hundred  and  fifty  thousand  dollars  to  arm  the  State. 
Of  that  sum  the  Governor  has  usid  aboul  forty  thousand  dollars. 
The  Treasury  of  the  State  is  now  empty,  and,  under  the  laws. 
there  will  be  no  available  means  until  the  fust  of  April  next, 
at  which  time  the  Tax  Collectors  are  required  to  pay  in  their  col- 
lections. It  is  estimated  that  the  revenue  for  the  present  year 
will  amount  to  six  hundred  thousand  dollars.  This  condition  of 
the  Treasury  being  known,  the  planters  of  that  State  have  offer 
ed  the  Governor  as  much  money  as  he  thought    neccssarv  to  pr(1- 


L2S  HISTORY    AND    DEBATES    OF 

vide  for  the  defence  of  the  State;  and  Gov.  Pettus  has  accepted 
the  loan,  but  only  to  the  extent  of  the  money  appropriated. 
Under  the  instructions  received  from  your  Excellency,  and  in 
strict  accordance  with  what  I  believed  to  be  true.  I  labored  to 
satisfy  the  Governor  of  Mississippi  and  others,  that  Alabama 
would  dissolve  all  political  connection  with  the  Federal  Govern- 
ment, so  soon  as  she  could  do  so  according  to  the  forma  of  law  ; 
and  that  this  State  would  not  0QQ8enl  to  be  represented  in  a  Con- 
vention or  Congress  of  the  Southern  States  until  she  had  become 
a  separate  Government ;  and  that  it  would  be  the  policy  of  this 
State  to  form  a  Confederacy,  at  the  earliest  practicable  period, 
with  such  of  the  Southern  States  as  had  seceded  at  that  time. 
And  I  believe  that  Governor  Pettus  will  advise  his  State  to  pur- 
sue the  same  policy.  lie  informed  me  that  he  would  use  every 
possible  effort  to  secure  the  cooperation  of  all  the  Southern  States. 
provided  the  final  action  of  his  State  is  not  to  be  delayed. 

I  was    requested  by  Governor  Pettus  to   call  the.   attention  of 
your  Excellency  to  the  present  condition  of  Fort  Morgan,  and  to 
ask   you  to  consider  whether  it  is  not   necessary  and    proper  to 
provide  against  the   possibility  of  that    fortification    being  again 
garrisoned   by  the  Federal   Government?     Fort  Morgan  is,  at 
this  time,  as  I  was  informed  in  Mobile,  well  supplied  with   hea\  \ 
guns,    but  without  men  or  ammunition,   and,  though   somewhat 
out  of  repair,  is  a  strong  fortification.     Governor    Pettus  consid- 
ered that  it  would  not  be  improper  for  him  to  make,  this  su B 
tion,  as  his  State  is  interested   in  whatever  relates  to  the    Gulf 
Made,   but  more  especially  as   Fort  Morgan  commands   in   pari 
the  coast  of  Mississippi. 

My  necessary  expenses  in  going  to  and  returning  from  Jack- 
son, amounted  to  45-p'!unj7  dollars.  Please  direct  me  how  to  dis- 
pose of  the  sum  of  SlftO/^,  .now  in  my  hands,  of  the  sum  fur- 
nished by  you. 

1  have  not  been  able  to  wait  on  your  [Excellency  in  person,  on 
account  of  the  sickness  of  one  of  my  children.  If  your  Excel- 
lency thinks  my  personal  appearance  would  be  of  any  service,  1 
will  wait  upon  you  at  any  time  and  place  you  may  direct. 

There  are,  perhaps,  statements  in  this  communication  which 
should  not  he  made  publicly  known;  but  it  is  entirely  for  you  to 
judge  of  that  matter.  If,  however,  my  report  to  you  is  to  be 
communicated  to  the  Convention,  as  a  whole,  I  will  ask  permis- 
sion to  make  it  out  in  a  more  formal  manner. 

I  have  the  honor  to  be,  most  respectfully, 

Your  ob't  serv't, 

EDM'D  W.  PETTUS. 


THE    CONVENTION    OF    ALABAMA.  423 

REPORT   OP   THE    HON.  JAS.    M.  CALHOUN,    COMMISSIONER  TO 

TEXAS. 

Montgomery,  January  19, 1861. 

To  His  Excellency  Gov.  A.  B,  Moore: 

Dear  Sir — As  soon  as  possible  after  receiving  your  Commis- 
sion to  me,  to  confer  with  the  authorities  of  Texas,  I  visited  Aus- 
tin, the  seat  of  Government. 

I  did  not  (ind  either  the  Legislature  or  Convention  in  session, 
and  the  Governor  was  absent.  For  his  return  I  waited,  and  with 
him  I  had  a  short  conference,  being  kindly  and  hospitably  received 
by  him  and  the  citizens  of  Texas  generally. 

The  Governor  being  the  only  public  authority  with  whom  I 
could  confer,  I  addressed  to  him  a  short  eammunicatiou,  in  writ- 
ing, which  1  now  inclose,  and  from  him  received,  to-day,  by  mail, 
a  reply,  for  which  I  could  not  wait  for  a  personal  delivery ;  this  1 
also  inclose. 

The  citizens  of  Texas  seemed  everywhere  to  be  alive  to  the 
grave  issues  which  were  forced  upon  them  for  consideration.  I 
do  not  deem  it  proper  to  give  the  impression  which  was  made  on 
my  mind  as  to  their  future  action,  from  what  I  saw  and  heard  in 
my  hurried  trip  from  Galveston  to  Austin  and  back.  This,  how- 
ever, is  the  less  important,  as  her  Legislature  meets  on  the  1:1st 
instant,  and  a  Convention,  called  by  her  citizens  themselves,  meets 
on  the  2tSth  instant;  and  from  these  we  shall  soon  have  an  au- 
thoritative expression  of  views  and  course  of  action. 

However  unsatisfactory  the  meagre  results  of  my  mission  may 
be,  1  trust  your  Excellency  will  think  that  I  done  all  I  could  do, 
under  the  circumstances,  and  in  the  short  time  allowed  me. 
With  sincere  respect,  I  remain  yours,  etc., 

J.  M.  OALHOUN. 


Austin,  January  5,  Is*1'' 1 
To  His  Excellency  Cfov.  Scan  Houston  : 

Dear  Sir — 1  come  as  the  accredited  Commissioner  of  the  State 
of  Alabama,  to  consult  and  advise  with  yourself  and  the  members 
of  the  State  Legislature  and  of  the  Convention  of  Texas,  as  to 
what  is  best  to  be  done  to  protect  the  rights,  the  interests,  and  the 
honor  of  the  slave-holding  States. 


424  HISTORY    AND    DEBATES    OF 

Neither  the  Legislature  of  Texas,  or  any  Convention  being  now 
in  session,  and  my  speedy  return  to  Alabama  being  required,  my 
conference  must  be  of  necessity  confined  to  yourself,  witb  a  re- 
quest that  my  communication  to  you  may  be  communicated  to  the 
Legislature  of  Texas,  when  it  shall  assemble,  as  I  am  pleased  to 
learn  it  will  at  no  very  distant  day. 

In  the  performance  of  this  my  duty,  under  all  the  surrounding 
circumstances,  I  have  only  simply  to  say,  that  Alabama,  through 
her  Legislature,  being  the  first  to  move  in  the  direction  which  may 
probably  result  in  the  severance  of  all  connection  with  the  Fed- 
eral Government,  as  the  only  means  of  saving  her  citizens  from 
the  utter  ruin  and  degradation  which  must  follow  from  the  admin- 
istration of  that  Government,  by  a  sectional,  hostile  majority,  de- 
sires to  assure  her  sister  slave-holding  States,  that  she  feels  that 
her  interests  are  the  same  with  theirs,  and  that  a  common  destiny 
must  be  the  same  to  all.  That  therefore,  whatever  may  be  the 
course  which  she  may  deem  it  proper  to  take,  to  meet  the  dangers 
by  which  she,  as  well  as  they,  are  surrounded,  she  will  do  so  with 
an  earnest  desire  that  there  may  be,  in  the  present  and  in  the  fu- 
ture, an  unbroken  bond  of  brotherhood  and  union  between  herself 
and  Texas,  and  every  other  slave-holding  State ;  that  she  will  not 
act  with  rashness  or  thoughtlessness,  but  with  mature  and  deliber- 
ate consideration  ;  that  she  will,  by  all  means,  endeavor  to  avoid 
the  doing  of  any  act  which  may  shake  the  confidence  or  alienate 
the  friendly  feelings  of  her  sister  slave-holding  States  ;  that  what- 
ever may  be  the  determination  of  her  people,  to  be  assembled  in 
their  sovereign  character,  in  Convention,  on  the  8th  instant,  they 
will  still  cover  themselves  and  posterity  under  the  folds  of  the  old 
Constitution  of  the  United  States,  in  its  purity  and  truth. 

It  is  perhaps  my  duty  to  give  to  your  Excellency  my  individual 
opinion,  that  the  action  of  the  Convention  to  assemble  on  the  7th 
instant,  will  be  to  withdraw  the  State  from  the  present  Union,  and 
to  take  her  position  as  a  sovereign  and  independent  State,  seeking 
and  desiring  a  near  and  perfect  Union  with  all  the  other  States  of 
the  South,  as  speedily  as  possible.  This  will,  however,  have  been 
decided,  one  way  or  the  other,  and  be  made  known  to  the  Legis- 
lature of  your  State  by  the  time  it  shall  assemble. 

Hoping  and  trusting  that  there  may  be  no  discord  between  the 
States  ot  the  South — that  unanimity,  confidence,  wisdom,  pru- 
dence and  firmness  may  mark  the  course  of  all,  and  that  a  kind 
Providence  may  rule  over  and  guide  and  protect  us  in  our  day  of 
gloom  and  danger, 

I  remain,  very  respectfully,  your  obedient  servant, 

J.  M.  CALHOUN, 
Commissioner  from  Alabama. 


the  convention  of  alabama.  42;") 

Executive  Department,  \_ 
Austin,  Texas,  Jan.  7,  1861.  \ 

To  Hon.  J.  M.   Calhoun,   Commissioner  from   Alabama: 

Dear  Sir — Your  communication  of  the  5th  inst.,  informing 
me  of  the  objects  of  your  mission,  on  the  part  of  the  State  of 
Alabama,  is  before  me. 

As  a  citizen  of  a  sister  State,  bearing  an  appointment  as  Com- 
missioner to  Texas,  from  her  Chief  Executive,  I  welcome  you 
here,  and  trust  that  whatever  ideas  you  may  adopt  in  reference  to 
the  political  opinions  of  the  people  of  Texas,  you  may  bear  back 
with  you  the  evidences  of  their  kindness,  hospitality  and  friend- 
ship. 

Having  convened  the  Legislature  of  the  State,  with  a  view  to 
its  providiug  a  mode  by  which  the  will  of  the  people  of  Texas 
may  be  declared,  touching  their  relations  with  the  Federal  Gov- 
ernment and  the  States,  I  cannot  authoritatively  speak  as  to  the 
course  they  will  pursue.  A  fair  and  legitimate  expression  of  their 
will,  through  the  ballot-box,  is  yet  to  be  made  known.  There 
fore,  were  the  Legislature  in  session,  or  were  a  legally  authorized 
Convention  in  session,  until  the  action  taken  is  ratified  by  the 
people,  at  the  ballot-box,  none  can  speak  for  Texas.  Her  people 
have  ever  been  jealous  of  their  rights,  and  have  been  careful  how 
they  parted  with  the  attributes  of  their  sovereignty.  They  will 
reserve  to  themselves  the  right  to  finally  pass  upon  the  act  involv- 
ing so  closely  their  liberties,  fortunes,  peace  and  happiness;  and 
when,  through  the  free  exercise  of  that  sacred  privilege,  which 
has  ever,  until  now,  been  deemed  the  best  security  for  the  liberties 
<A'  the  people,  and  the  Burest  means  of  remedying  encroachments 
upon  their  rights,  they  have  declared  their  will,  then,  and  then 
(inly,  can  any  speak  for  Texas.  Until  then,  nothing  but  indivi- 
dual opinions  can  be  expressed;  and  mine  are  entitled  to  no 
more  weight  than  a  long  acquaintance  with  the  people,  and  a  con- 
tinued intercourse  and  communication  with  them  would  justify. 

That  there  is  a  difference  of  opinion  existing  in  Texas,  in  rela- 
tion to  the  course  necessary  to  pursue  at  this  period,  none  can 
deny.  Citizens,  alike  distinguished  for  their  worth  and  public 
services,  hold  opposite  views  ;  and  while  all  are  united  in  the  de- 
termination to  maintain  our  Constitutional  rights,  they  differ  as  to 
the  mode  of  accomplishing  the  same.  In  this  I  do  not  include 
that  reckless  and  selfish  class,  who,  moved  by  personal  ambition, 
or  a  desire  for  office  or  spoil,  desire  a  change  of  Government,  in 
the  hope  that  aggrandizement  will  attend  them.     I  believe,  how- 


J'Jl't  HISTORY    AND    DEBATKB    OF 

ever,  that  a  large  majority  of  the  people,  recognizing  the  obliga- 
tions they  owe  to  the  Border  States — who  have  so  long  stood  as 
.arriers  against  the  assaults  of  Abolitionism,  desire  to  concert 
such  measures  as  will  not  only  conduce  to  their  safety,  but  the 
benefit  of  the  entire  South.  As  Executive  of  the  State,  I  havo 
deemed  it  my  duty  to  present  to  the  other  Southern  States  a  pro- 
position for  a  consultation  having  that  object  in  view  Alabama 
has  not  yet  responded  to  the  same,  and  although  the  tenor  of  your 
tetter  indicates  that  she  will  pursue  a  different  coarse,  I  trust  that 
when  the  great  interests  at  stake  are  duly  considered  by  her  peo- 
ple, they  will  determine  to  join  with  Texas  ami  a  majority  of  the 
.•Southern  States,  in  an  honest  and  determined  effort  to  obtain  re- 
dress, for  the  grievances  which  the  North  has  put  upon  us,  ere 
they  take  the  fatal  step,  which,  in  my  opinion,  ultimately  involves 
civil  war  and  the  ruin  of  our  institutions,  if  not  of  liberty  itself. 

[f  Alabama  has  been  the  first  to  move  in  the  direction  which 
.nay  possibly  result  in  the  severance  of  all  connection  with  the 
federal  Government,  it  is  a  matter  of  pride  to  me  that  Texas  has, 
in  the  time  of  peril,  been  the  first  to  move  in  that  direction  calcu- 
lated to  secure  Southern  unity  and  cooperation.  Texas  is  the 
inly  one  of  the  States  which  possessed,  ere  her  connection  with 
the  Uuion,  full  and  complete  sovereignty.  Though  she  brought 
in  empire  into  the  Union,  and  added  vastly  to  the  area  of  slavery, 
•die  arrogates  to  herself  no  especial  privileges,  nor  has  she  yet  con- 
sulted her  own  safety  or  interest,  save  in  common  with  that  of 
the  entire  South.  Knowing  the  obligations  which  she  took  upon 
herself  when  she  came  into  the  Union,  she  has  thus  far  shown  no 
lean  to  relieve  herself  of  those  obligations,  until  it  is  manifest 
*:hat  the  compact  made  with  her  will  not  be  observed.  Having 
made  an  effort,  in  concert  with  her  sister  slaveholding  States,  to 
-ecure  the  observance  of  that  compact,  and  failed  in  that  effort, 
it  would  then  be  her  pride  to  sink  all  considerations,  prompted  by 
her  own  ambition,  and  share  a  common  fate  with  them ;  but  if,  on 
the  contrary,  they,  consulting  their  own  interests  and  their  own 
inclinations,  neither  seeking  her  counsel  or  cooperation,  act  separ- 
ately and  alone,  and  abandon  a  Union  and  a  Government  of 
which  she  yet  forms  a  part,  Texas  will  then  be  compelled  to  leave 
a  policy  whereby  she  has  unselfishly  sought  the  good  of  the  whole 
South,  and  will  pursue  that  course  which  her  pride  and  her  an- 
ient character  marks  out  before  her. 

Were  I  permitted  to  trust  alone  to  the  tenor  of  the  first  part  of 
your  communication,  and  had  you  given  me  no  assurance  of  the 
fact  that,  although  Alabama  "  desires  to  assure  her  sister  slave- 
holding  States,  that  she  feels  that  her  interests  are  the  same  with 


THE  CONVENTION  OF  ALABAMA.  42? 

theirs,  and  that  a  common  destiny  must  be  the  same  to  all,  and 
;hat  she  will,  through  her  Convention,  which  assembles  to-day,  the 
7th  inst.,  withdraw  from  the  present  Union,  and  take  her  position 
is  a  sovereign  .State,"  I  could  give  you  more  assurances  of  my  co 
operation,  as  Executive  of  Texas,  with  Alabama  in  the  present 
emergency.  Should  Alabama,  without  waiting  for  the  action  of 
Texas,  withdraw  from  the  T'uion.  and  Texas,  by  the  force  of  cir 
•umshinccs,  be  compelled,  at  a  future  period,  to  provide  for  her 
»wn  safety,  the  course  of  Alabama,  South  Carolina,  and  such  other 
States  as  may  follow  their  lead,  will  but  strengthen  the  convic- 
tion, already  stiong  among  our  people,  that  their  interest  will  lead 
'hem  to  avoid  entangling  alliances,  and  to  enter  once  again  upon 
i  national  career.  No  claim  would  then  exist  upon  Texas,  for  her 
'Ooperation  has  not  been  deemed  important,  at  a  time  when  it 
was  essential  to  her  safety  ;  and  her  statesmen  will  deem  that  sin 
violates  no  duty  to  the  South  in  imperiling  once  again  her  Lone 
Star  banner,  and  maintaining  her  position  among  the  independent 
nations  of  the  earth.  If  the  Union  be  dissolved,  and  the  gloomy 
forebodings  of  patriots  be  realized,  in  the  ruin  and  civil  war  to 
follow,  Texas  can  "tread  the  wine-press"  alone,  in  the  day  of  her 
misfortune,  even  as  her  freemen  trod  it  in  the  past;  and  if  she 
fails  in  the  effort  to  maintain  liberty  and  her  institutions  upon  her 
own  soil,  she  will  feel  that  posterity  will  justify  her,  and  lay  no 
blame  at  her  door.  Texas,  unlike  Alabama,  has  a  frontier  subject 
to  hostile  incursions.  Even  with  the  whole  power  of  the  United 
States  to  defend  her,  it  is  impossible  to  prevent  frequent  outrage? 
upon  her  citizens.  The  numerous  tribes  of  Indians,  now  controlled 
by  the  United  States,  and  restrained  by  treaty  stipulations  and  the 
presence  of  the  army,  would,  by  the  dissolution  of  the  Union,  be 
turned  loose  to  provide  for  themselves,  and  judging  from  the  past, 
it  is  not  unreasonable  to  suppose  they  will  direct  their  savage  ven 
gcauce  against  Texas.  The  bandits  of  Mexico  have,  within  tin- 
past  year,  given  an  evidence  of  their  willingness  to  make  inroads 
ipon  us,  could  thej  do  BO  with  impunity.  These  are  some  of  the 
consequences  of  disunion  which  we  of  the  border  cannol  shut  out 
from  our  sight.  If  Texas  has  been  compelled  to  PesOTl  1"  her 
>wn  means  of  defense,  when  connected  with  the  presenl  I  nion, 

i  ifl  not  to  be  supposed  that  she  could  rely  t*<>r  protection  on  an 
alliance  with  the  Gulf  States  alone:  and  having  grown  self- 
reliant  amid  adversity,  and  continued  so  as  a  member  of  the 
Union,  it  will  be  but  natural  that  her  people,  feeling  thai  the) 
must  look  to  themselves,  while  sympathizing  equally  with  those 
States  whose  institutions  are  similar  to  their  own,  will  prefer  a 
separate  nationality,  to  even  an  equal  position  in  a  Confederacy 
utrnioh  may  be  broken  and   destroyed,  at  any  moment,  by  the  ca- 


42S  HISTORY    AMi    DEBATES    0* 

or  dissatisfaction  of  one  of  its  membi  rs.     T<  xas  baa  v 

of  expansion  no1  com i  t<»  many  of  her  sister  States.     Although 

an  Empire  within  herself,  she  feels  that  there  is  an  empire  be- 
yond, essential  tp  her  security.  She  will  not  be  content  to  h 
the  path  of  her  destiny  clogged.  The  Bame  spirit  of  enter] 
which  founded  a  Republic  here,  will  oarrj  her  institutions  South- 
ward and  Westward.  Having,  when  but  a  handful  of  freemen, 
withstood  the  power  of  that  nation,  and  wrung  from  it  her  inde- 
pendence! she  has  no  fear  of  Abolition  power  while  in  the  Union; 
and  should  it  be  the  resolve  of  her  people  to  stand  by  the  Consti- 
tution, and  maintain,  in  the  Union,  those  rights  guaranteed  to 
them,  she  will  even  be  proof  against  the  *•  utter  ruin  and  igno- 
miny "  depicted  in  your  communication.  A  people  determined 
to  maintain  their  rights,  can  neither  1m-  ruined  or  degraded  ;  and 
if  Texas  takes  upon  herself  the  holy  task  of  sustaining  the  1 
stitution,  even  in  the  midst  of  its  enemies,  history  will  accord  her 
equal  praise  with  those  who  sought  onlj  their  own  safety,  and 
left  the  temple  of  liberty  in  their  possession. 

VV<  r  •  I  lefl  to  believe  that  Alabama  is  disposed  to  second  the 
efforts  made  to  secure  the  cooperation  of  the  South  in  demanding 
redress  for  our  grievances,  or  that  her  course  would  in  the  I 
depend  upon  that  of  Texas.  I  would  suggest  such  views  as  sincere 
and  earnest  reflection  have  induced.  But  as  you  express  the 
opinion  thai  Alabama  will,  through  her  Convention,  without  wait- 
ing to  know  the  sentiments  of  the  people  of  Texas,  act  for  her- 
self, there  can  he  no  reasc.u  why  I  should  press  them  upon  your 
attention,  or  is  it  a  matter  of  importance  whether  they  reflect  the 
popular  sentiment  of  the  State,  op  not';  thej  would  he  alike  un- 
availing. Nor  will  I  enter  into  a  discus-';,, n  as  I,,  how  far  the 
idea  of  the  adoption  of  the  (  nustitution  of  tin'  United  States  will 
be  acceptable  to  the  people  of  the  States  forming  a  Southern  Con- 
federacy. That  Constitution  was  a  compromise  of  conflicting  in- 
terests.    It  was  framed  so  as  to  protect  the  slave-holding  States 

against  the  encroachments   ,,f  the    QOU-slave-holdillg.      The  states. 

men  of  the  South  secured  a  representation  for  three-fifths  of  our 

e  property.  Whether  this,  and  other  provisions  of  that,  in- 
strument will  he  deemed  applicaUe  t,,  States  which  have  no  con- 
flicting interests,  so  far  as  slavery  is  c serned,  is  not.  for  me  to 

sa\  ;  Imt  I  cannot  refrain  from  expressing  the  opinion,  that  if  the 
proud  and  gallant  people  of  Alabama  are  willing  to  "still  cover 
themselves  and  their1  posterity  under  the  folds  of  the  old  Consti- 
tution of  the  United  States,  in  its  purity  and  truth,"  the  rights  of 
Texas  will  he  secure  in  the  present  Union,  so  long  as  that  Consti- 
tution is  preserved   and  controls  the  administration  of  the  Gov- 


THE  CONVENTION  OF  ALABAMA. 

eminent ;  and  although  the  administration  of  the  Government  by 
a  sectional,  hostile  majority,"  will  be  distasteful  to  the  feelings  of 
Texas,  if  she  can.  by  fair  and  Constitutional  means,  induce  that 
majority  to  yield  obedience  to  the  Constitution,  and  administer 
the  Government  in  accordance  with  it.  tin-  triumph  will  be  hers, 
and  we  will  escape  the  miseries  of  civil  war.  and  secure  to  us, 
and  t<>  our  posterity,  all  the  blessings  of  Liberty,  which,  by  the 
power  of  Union,  made  us  the  greatest  nation  on  earth. 

Recognizing,  as  I  do,  the  fact  that  the  sectional  tendencies  of 
the  Black  Republican  party  call  for  determined  Constitutional  re* 
sistanCQ,  at  the  hands  of  the  United  South,  1  also  feel  that  the 
million  and  a-half  of  noble-hearted,  conservative  men.  who  have 
stood  by  the  South,  even  to  (his  hour,  deserve  some  sympathy 
and  support.  Although  we  have  lost  the  day.  we  have  to  reeol- 
i  hat  our  conservative  Northern  friends  cast  over  a  quarter  of 
a  million  more  votes  against  the  Black  Republicans  than  we  of 
the  entire  South.  1  cannot  declare  myself  ready  to  desert  them, 
as  well  as  our  Southern  brethren  0/  the  border  (and  such,  1  be- 
lieve, will  he  the  sentiment  of  Texas),  until  at  least  one  firm  at- 
tempt has  been  made  to  preserve  our  .Constitutional  rights  within 
the  Union. 

In  conclusion,  allow  me  to  say.  that  whatever  may  he  the  fu- 
ture of  the  people  of  Alabama,  my  hopes  and  ardent  prayers  for 
prosperity  will  attend  them.  When  I  remember  their  progress, 
and  tile  evidences  they  have  had  of  the  blessings  of  i'yr  govern- 
ment. I  join  you  in  the  belief  that  they  "will  not  act  with  rash- 
ness, or  thoughtlessness,  but  with  mature  and  deliberate  consid- 
eration."    Forty-seven  years  ago.  to  prevent  the  massacre  of  her 

•  •itizens.it    was  upon    her  soil    that    I  gave  the  first    proofs  of  my 

manhood  in  devotion  to  the  Union.  The  flag  thai  I  followed  then 
was  the  same  stars  and  stripes  which  the  sons  of  Alabama  have 
aided  to  plant  on  many  a  victorious  field.  Since  then  Alabama 
has  risen  from  an  almost  wilderness  region,  under  the  fostering 

•  •are  of  the  Federal  Government!  and  the  power  embraced  in 
Union,  to  a  great,  wealthy  and  prosperous  people, and  obtained  a 

ion,  which,  without    Union  with  the  other  States,  she  could 

not  have  achieved  for  ages,  if  ever. 

R      ive  tbr  yourself  and  the  people  of  Alabama,  whoi 
credited  Commissioner  you  are,  the  assurances  ofmj  esteem  and 

consideration. 

[  have  the  honor  to  he  voui   •  I't  serv't, 

SAM    ll"l  STON. 


430  IIISTOKY     AND     DKHATKS    Of 

REPORT  OF  HON.  n.  H.  SMITH,  AND  HON.  [SHAM  W.  QARROTT, 
COMMISSIONERS  TO  NORTH  CAROLINA. 

Tn  His  Excellency   Andrew   I!.   Sfoore,  Governor  of  the  State  of 
Alabama: 

Sir — We  have  the  honor  to  report  to  yonr  Excellency  that. 
under  tin1  Commission  with  which  von  honored  us.  wc  proceeded 
to  Raleigh,  North  Carolina,  and  placed  our  Commission  in  tin- 
hands  of  His  Excellency  the  Orovernor  of  thai  State  who 
promptly  communicated  if  t<>  the  General  Assembly,  thru  in  ses- 
sion. We  were  cordially  welcomed  to  the  State,  and  made  its 
guests.  The  Governor  heartilj  sympathises  with  the  cause  in 
which  we  arc  engaged,  and  the  remedy  proposed.  The  two 
houses  of  the  General  Assembly,  through  their  Committee,  ten- 
dered us  the  welcome  of  the  State,  and  invited  us  to  address 
them,  in  the  Hall  of  the  House  df  Representatives,  on  the  subject 
of  our  mission,  at  such  time  as  might  meet  our  wishes.  On  the 
twentieth  day  of  this  month,  the  time  designated  by  us.  in  res 
ponse  to  the  invitation  of  the  Committee,  we  met  the  Senate  and 
the  House,  and  read  to  them  the  paper,  of  which  wc  herewith  fur- 
nish you  a  copy.  We  believe  the  tone  and  sentiment  of  the  pa- 
per met  with  approbation.  <  )n  the  night  of  that  day.  we  each. 
by  invitation,  delivered  oral  addresses  to  a  large  assembly,  con- 
vened in  tin1  Hall  of  the  House  of  Representatives,  in  which  we 
set  forth,  at  some  length,. the  grievances  of  the  South,  and  justi- 
fied our  resistance.  We  also  attempted  to  show  that  the  cause 
svas  that  of  North  Carolina  as  much   as   it  was   that  of  Alabama. 

Our  Commission  be)ng  to  the  Governor  and  the  member*  <>f 
the  Assembly,  we,  of  course,  could  neither  invite  nor  expect  a 
response  from  the  Legislature  as  a  Representative  Body:  but  we 
formed  a  general  acquaintance  with  the  members,  and  embraced 
svery  suitable  opportunity  of  representing  to  them  the  views  and 
purposes  of  our  people,  and  urged  the  propriety  and  importance 
of  action  by  North  Carolina,  in  conformity  with  that  proposed 
and  being  taken  by  Alabama.  Wo  found  a  large  number  of  the 
members,  probably  a  majority,  heartily  corresponding  with  our 
views,  and  earnestly  devoting  themselves  to  the  furtherance  and 
establishment  of  them.  We.  however,  found  party  lines  closeh 
drawn  on  the  old  issues,  and  that  this  condition  of  things  inter- 
posed a  great  impediment  to  harmony  of  feeling  in  respect  to  the 
present  movement.  It  was  understood  that  the  people  of  the 
Stat'-  were  holding  primary  meetings  in  the  several  counties,  and 
that  the  sentiment  reflected  by  them  indicated  opinions  in  advance 
of  the  Legislature. 


THE  CONVENTION  OF  ALABAMA.  43] 

The  question  of  calling  a  Convention  was  pending  before  the 
General  Assembly,  and  it  was  believed  would  certainly  command 
a  majority,  and  probably  a  two-thirds  vote,  which,  by  many,  was 
supposed  necessary,  under  the  provisions  of  their  Constitution. 
In  the  view  of  this  being  regarded  as  a  doubtful  question,  ami  of 
the  approach  of  the  Christmas  holidays,  ami  of  the  fact  that  the 
question  was  supposed  to  have  received  a  great  impetus  among 
the  people  since  the  election  of  members,  and  even  since  the 
General  Assembly  convened)  action  upon  the  proposition  to  call 
a  Convention  was  deferred  until  after  the  recess,  which  the  Gen- 
eral Assembly  has  now  taken.  We  found  the  indications  of  ap- 
proval and  sympathy  with  us  so  strong,  as  to  leave  us  in  no  doubt 
but  North  Carolina  will  make  the  cause  of  the  South  her  cause, 
and  to  convince  us  that  the  period  is  near  at  hand  when  she  will 
be  acting  in  full  fellowship  with  us.  We,  however,  found  her 
slower  than  Alabama,  for  action,  and  some  regret  existing  that  no 
preliminary  joint-consultation  and  action  had  been  proposed  1>\ 
her  sister  Southern  Slates. 

We  also  found  a  strong  apprehension  that  we  of  the  cotton  States 
would  endeavor  to  reopen  the  African  slave  trade,  to  which  the 
people  of  North  Carolina  seem  unalterably  opposed.  You  will 
observe  the  assurances  we  have  given  them  on  this  point,  in  our 
address,  and  we  need  not  say  that  the  sentiments  we  have  ex- 
pressed for  our  people,  meet  our  undivided  approval. 

Your  Excellency  will  also  observe  the  assurances  we  gave  then: 
that  the  movement  in  Alabama,  was  not  one  of  resistance  to  law 
and  order,  but,  on  the  contrary,  had  for  its  object  the  preservation 
of  both,  and  the  protection  of  our  present  Constitutional  rights. 

We  found  a  few  leading  members  of  the  General  Assembly 
thinking  of  a  middle  Confederacy,  which  idea  had.  we  believe, 
its  origin  in  the  apprehensions  above  alluded  to:  but  in  our  opin- 
ion the  project  has  little  foothold  in  North  Carolina;  and  we  en 
tertafn  no  doubt  but  she  will  unite  with  us  in  resistance,  and  in 
the  formation  of  a  new  Government,  especially  if  we  show,  as 
we  trust  we  shall,  that  our  action  is  to  be  characterized  b\  the 
maintainance  of  a  well-regulated  Constitutional  Government. 

The  courtesies  and  -_rrat illations  extended  to  us.  impressed  us 
with  the  conviction  that  North  Carolina  received  our  mission  in 
the  true  spirit  of  fraternal  kindness,  and  we  hope  it  tended  to  &jd 
the  cause,  not  only  by  quickening  the  sympathies  of  the  people 
towards  us,  but  by  relieving  them  of  die  fears  which  we  have 
said  were  prevailing  in  respect  to  our  purposes. 

We  have  the  honor  to  be  your  Excellency's  obd't  Berv'ts, 

I.'  W.  <:  IRROTT, 

[kcember2»,  I860  ROBT  II.  SMITH. 


132 


HISTORV    AND    DBBATKS    01 


T<>  His  Excellency  the  Governor,  and  to  the  Honorable  the  member^ 
of  the  General  Assembly  of  the  State  of  North  Carolina  : 

The  General  Assembly  of  the  State  of  Uabams,  on  the  11th 
day  of  January,   A.    I).  I860,   by  joint  resolutions,  made  it  the 

duty  of  His  Excellency  the  Governor  of   Uabama,  ui the  glee 

tion  of  a  President  of  the  United  States  advocating  the  principles 
and  action  of  the  party  in  the  Northern  States  calling  itself  the 
Republican  party,  to  issue  his  writs  of  election  for  delegates  to  a 
Convention  of  the  State,  "to  consider,  determine  and  do  what- 
ever, in  the  opinion  of  said  Convention,  the  rights,  interests  and 
honor  of  the  State  of  Alabama  require  to  be  ■lour  for  their  pro- 
tection." 

In  consequence  of  the  results  of  the  late  Presidential  election, 
the  Governor  of  Alabama  has  issued  the  writs  of  election  re- 
quired. The  election  is  to  be  held  on  the  twenty-fourth  day  of 
this  month,  and  the  Convention  is  to  assemble  on  the  seventh  day 
of  Januan  next, 

North  Carolina  and  Alabama  have  been  true  and  loyal  to  the 
Constitution  and  to  the  Union.  There  is  no  plighted  faith  which 
each  has  not  kept.  They  have  stood  together  in  fidelity  to  the 
Government,  and  to  each  of  the  States  composing  the  Confeder- 
acy. They  are  bound  together  by  a  common  duty,  a  common 
interest,  a  common  danger  and  a  common  honor.  North-Caro- 
lina has  largely  contributed  to  the  population  of  our  State,  and 
her  sons  have  brought  along  with  them  those  principles  of  inte- 
grity, honor,  obedience  to  law.  and  love  of  well-regulated  liberty, 
for  which  she  is  known  and  admired,  and  which  have  imparted  so 
much  of  worth  and  prosperity  to  the  States  in  which  her  children 
have  settled.  It  is  therefore  lit.  that  now.  in  this  their  hour  of 
trial,  North-Carolina  and  Alabama  should  consul!  and  advise  to- 
gether; and  his  Excellency  the  governor  of  Alabama,  has  charged 
us  with  a  Commission  to  this  our  native  State,  "  to  consult  and  ad- 
vise with  his  Excellency  the  Governor,  and  with  the  members  of 
this  Legislature,  as  to  what  is  best  to  lie  done  to  protect  the 
rights,  interests  and  honor  of  the  slave-holding  States,  and  to  re- 
port tli.-  result  of  such  consultation."  We  feel  complimented  in 
accepting  the  imitation  of  this  General  Assembly,  to  appear  be- 
fore them  in  discharge  of  the  duties  imposed  upon  us. 

We  believe  that  the  exhibitions  of  public  opinion  in  Alabama 
are  so  marked  and  distinct,  as  to  justify  us  in  declaring  that  her 
approaching  Convention  will  withdraw  her  from  the  Federal 
Union.  A  result  so  sad,  and  so  pregnant  with  consequences  to 
herself  and  to  her  sister  States,  requires  that  she  should   have 


THE  CONVENTION  OF  ALABAMA.  483 

grave  and  conclusive  reasons  for  the  step.  Light  and  transient 
causes  will  not  justify  it ;  much  less  should  restlessness,  passion 
or  ambition  influence  her  action.  Her  obligations  to  the  other 
States,  to  the  cause  of  Free  Government,  and  to  the  civilized  world 
forbid  it.  Her  hopes  of  reconstructing,  with  the  other  States  of 
the  South,  a  Well-regulated  Government,  which  shall "  establish 
justice,  insure  domestic  tranquility,  provide  for  the  common  de- 
fense, promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,"  alike  forbid  it. 

Our  people  consider  that  the  Constitution  of  the  United  States 
is  the  charter  of  our  national  rights  and  duties,  by  which  our  fa- 
thers bound  us  to  the  Union,  and  under  which,  in  its  integrity, our 
people  would  lie  content  to  live,  and  would  envy  none  the  pros- 
perity it  brings;  but  they  think  that  the  past  and  present  eon- 
duct,  and  apparently  settled  rule  of  action  of  the  non-slave-hold- 
ing States,  are  vialative  of  its  plain  letter  and  spirit — ami  the 
people  of  Alabama,  we  believe,  will  no  longer  he  hound  by  its' 
obligations  while  deprived,  of  its  benefits. 

They  think  the  history  of  the  country  shows,  that  sonic  of  the 
uon-slave-holding  States  have,  throughout  our  political  existence. 
proven  themselves  sectional,  and  hostile  to  the  rights  and  interest 
of  the  common  country.  Some  of  them  have  opposed  every  war 
in  which  wc  have  been  involved,  from  that  of  181S5,  with  Great 
Britain,  to  the  war  with  Mexico;  have  opposed  the  acquisition  of 
the  rich  territories  we  have  obtained — even  that  which  gave  us 
the  Mississippi  river  and  the  vast  plains  watered  by  it:  ami  yet 
these  States,  with  the  other  non  slave-holding  States,  have  adopted 
and  are  acting  on  the  setlled  policy  that  we  of  the  South  shall  he 
excluded  from  the  Territories,  obtained  by  the  common  exertions 
and  treasures  of  the  nation;  and  that  to  maintain  this  sectional 
policy,  the  Constitution  of  the  United  States,  as  expounded  bj 
the  grave,  well  and  earnestly  considered  decision  of  the  Supreme 
Court  of  the  United  States,  is  to  be  set  at  naught,  ami  the  <  !ourt 
itself,  which  made  the  decision,  is  to  be  reformed,  not  only  for 
general  parti/an  purposes,  but  for  the  particular  purpose  of  ob- 
taining a  reversal  of  that  decision.  A  party  which  announces,  as 
a  cardinal  article  of  its  creed,  the  degradation  of  the  highest  Court 
in  the  world,  does,  in  the  opinion  of  the  people  of  Alabama,  otter 

no  rule  of  Government  consistent  with  well-regulated,  Constitu- 
tional  freedom.  Beyond  this,  is  the  fact  that  the  plain  letter  of 
the  Constitution,  providing  for  the  rendition  of  fugitive  slaves, 
has  not  only  been  annulled  by  the  non-slave-holding  States,  hut 
several  of  them  have,  bj  their  so-called  "personal-liberty  bills."' 

made,  if,  a  highly  penal  offense   for    a    master   to   attempt   the   .  n- 


434  IIISTOUV    AND    DEBATES    OF 

tnent  of  the   Fugitive-Slave   Law  of  Congress.     So  it  has 
come  to  this,  that  degrading  punishment  is  the  consequence  of  ;• 

citizen  of  the  Smith  going  into  these  States,  with  the  <  >onstitu! 
of  the  United  States  in  his  hand,  asking  simply  for  the  perform- 
ance of  the  guarantees  therein   provided.     Nor  are  those  n 
slave-holding  States  that  have  not   passed  such  Kills,  behind  th 
cooperators  in  practically  annulling  the  claase  of  the  Constitutioi 
referred  to — tor  it  is  well  known    that    in    most,  it"  not    all   of  the 
uon  slave-holding  States,  the  rights  of  the  master  of  the  slave  ar» 
defied  and  set  at  naught,  and  that  public  opinion,  aided  by  mobs. 
has  as  effectually  overthrown  the  Constitution  and  ihe  Law, 
Chough  neither  had  any  existence.     Were  this  state  of  things  th< 
result  of  gome  sudden  gleam  df  passion,  the  people  of  Alabama 
might  hope  that  a  returning  sense  of  justice  would  bring  obedi- 
ence to   duty  :    but,  unhappily,  the    past    and    present    prove   thai 
such  a  hope  is  illusory.      The  violations  of  their  obligations  to  us. 
have  been  so  Long  continued,  and  so  oft   repeated,  that  the  princi- 
ple has  incorporated  itself  into  their  education  and  religion,  until 
the  doctrine  of  the  law  of  conscience  has  been  set  up  over  the  su- 
preme law  of  the  land,  and  hatred  to   the  South    and  her  institu- 
tions has  usurped  the  teachings  of  the  Bible.     The  spirit  of  sec- 
tional animosity  lias  so  "grown  with  their  growth  and  strength- 
ened   with   their   strength,"    that    their   matured,    cultivated,   and 
trusted  statesmen  have  proclaimed,  that  the  conflict   between  th< 

sections    is    "  irrepressible,"    and    their    people    have,    in    the  hit'. 

Presidential  election,   responded  affirmatively  to  the  announce' 
tnent. 

The  election  of  a  President  of  the  Onited  States,  of  any  opin- 
ion, however  heretical,  and  however  much  calculated  to  disturl 

the  public  mind,  would,  of  itself,  we  think.  In1  considered  by  our 
people  as  of  secondary  importance ;  hut  the  recent   Prcsidentia 

election  is  the  inaugural  ion  of  a  svstem  of  Government  as  oii- 
posed  to  the  Constitution  as  it  is  to  our  rights  and  safety.  It. 
ushers  in,  as  a  settled  policy,  not  only  the  exclusion  of  the  peoph 
of  ihe  South  from  the  common  Territories  of  the  country,  but 
proposes  to  impair  the  value  of  slave  property  in  the  States  bj 
unfriendly  legislation j  to  prevent  the  further  spread  of  slavery 
by  surrounding  us  with  free  States;  to  refuse  admission  into  the 
Union  of  another  slave  State,  and  by  these  means  to  render  the 
institution  itself  dangerous  to  us,  and  to  compel  us,  as  slaves  in- 
crease, to  abandon  it.  or  he  doomed  to  a  servile  war.  The  estab- 
lishment, alone  of  the.  policy  of  the  Republican  party,  that  no 
more  slave  States  are  to  lie  admitted  into  the  Union,  and  that 
slavery  is  to  he  forever  prohibited  in  the  Territories  (the  common 


THE  CONVENTION  OP  ALABAMA.  43"> 

property  of  the  United  States),  must,  of  itself,  at  no  distant  day, 
result  in  the  utter  ruin  and  degradation  of  most,  if  not  all  of  the 
Gulf  States.      Alabama  lias  at   least  eight  slaves  to  every  square 
mile  of  her  tillable  soil.     This  population   outstrips  any  raee  oi 
the  globe  in  the  rapidity  of  its  increase;  and  if  the  slaves  now  ii 
Alabama  are  to  be  restricted  within   her  present  limits,  doubling 
as  they  do  once  in   less  than    thirty  years,  the   children  are  now 
bom  who  will  he  compelled  to  rlee  from  the  land  of  their  birth, 
and  from  the  slaves  their  parents  have,  toiled  to  acquire  as  an  in- 
heritance for  them,  or  to  submit  to   the  degradation  of  being  re 
dueed  to  an  equality  with  them,  and   all    its  attendant  horrors. 
Our  people  ami  institutions  must  be  secured  the  right  of  expan- 
sion, and  they  can  never  submit  to  a  denial  of  that  which  is   es- 
sential to  their  very  existence. 

The  non-slave-holding  States,  while  declaring  that  we  shall  not 
expand,  and  that  thereby  we  shall  be  crushed  by  our  slave  popu- 
lation, are  charging  upon  us  a  design  to  reopen  the  African  slave 
trade,  and  seize  upon  two  or  three  ineffectual  attempts,  by  North- 
ern vessels,  to  import  Africans  into  Southern  ports,  as  an  evidence 
of  the  fact.  The  charge  is  a  slander  upon  our  people,  and  a  re 
flection  upon  their  intelligence.  There  may  be,  here  and  there, 
found  an  advocate  for  the  measure,  as  there  may  in  every  coin 
tnunity  be  found  individual  advocates  of  any  heresy;  but  our 
people,  with  almost  entire  unanimity,  would  reject  the  proposi- 
tion as  offensive  to  their  sense  of  propriety  and  averse  to  their 
interests.  They  feel  no  desire  to  depreciate  the  value  of*  their 
own  property,  nor  to  demoralize  their  slaves  by  throwing  among 
them  savages  and  cannibals.  •  They  will  look,  as  heretofore,  to 
the  redundant  slave  population  of  the  more  Northern  of  their  as- 
sociated sister  States  of  the  South  for  such  additions  to  their  ne 
groes  as  their  wants  may  require. 

The  state  of  opinion  and  of  conduct  in  the  non-slave-hoHiug 
States,  finds  no  justification  or  apology,  in  any  general  or  special 
direction  of  Federal  Legislation  to  their  injury.  On  the  con- 
trary, such  legislation  has  been  greatly  to  their  advantage  and 
prosperity.  The  benefits  that  have  been  conferred  upon  them  in 
the  shape  of  tariff  laws,  navigation  laws,  fishing  bounties,  laud 
laws,  and  internal  improvement  laws,  have  been  important  aids  to 
their  material  prosperity-— •  prosperity  which  is.  in  fact,  to  ;• 
great  extent,  the  result  of  burdens  upon  the  agricultural  inter 
of  the  South. 

The  apologists  of  the  present  state  of  public  mind  at  the  North, 
sometimes  maintain  that  it  finds  palliation,  at  least,  in  the  repeal 
of  the  Act  of  1820,  known  as  the  Missouri  Compromise — which, 
28 


ISA  IIMnUV      AM"     I'KI :  \  I  .'-..•>     OF 

111  other  words,  is  a  complaint  thai  the  North  can  uo  longer  keep 
in  force  ;i  law  which  toe  Supreme  Court   of  the  Unit* 

declared  to  be  unconstitutional.     Bui  the  well-remembered 
history  ol  recent   events  teaches  u>.  that  it  was  the  South  which, 
years  sinoe,  endeavored,  in  ■  spirit  of  concession,  to  extend 
the  line  of  thirty-aii  degrei  i  thirty  minutes  to  the  Paoii 
;md  the  North  who  refiiaed  the  omr< 

The  pootional  strife  lias  now    been  conducted  with  iu< 
rancor  for  more  than  twenty  yeans,  until  ever)  question  of  Gov- 
ornment  furnishes  a  theme  for  ita  discussion.     The  Halls  of  Con- 
m  have  ceased  to  be  places  for  statesmen,  and   have  degener- 
into  annas  for  strife.     Our  people  have  grown  tired  of  the 
controversy,  aad  can  sea  no  good  in  prolonging  the  quarrel,  and 
no  way  to  end  it  in  the  Union.    Submission  would  but  invite  new 
and  greater  aggressions,  until  Alabama  would  become  a  • 
aad  degraded  province.     Qur- people  see  little  hope  for  the  ad 
justment,  within  the  Union,  of  questions  upon  which  the  public 
mind  of  the  sections  has  been  driven  bo  wide  apart,  and  discern, 
in  tlif  present  temper  and  conduct  of  the  Don-slavc-holdii 
i  Ltonement  for  their  wrongs,  which  could  oner  peace 

to  the  country.  Indeed,  wh,eu  the  plain  letter  of  the  law  has  been 
..<>  long  and  persistently  violated,  they  would  not  rely  upon  an\ 
adjustment  short  of  farther  Constitutional  guaranties. 

Alabama  liuj.es  that,  among  other  evils  which  public  affairs 

have  brought,  and  are  bringing  upon  her,  there  may  it":  be  adde.l 

that  of  a  divided  South.  She  sets  up  no  rule  of  action  for  her 
lister  States,  but  hopes  to  obtain  their  consultation,  adviee  and 
lance;  and  she  repeats,  through  us,  her  Commissioners,  the 
expression  of  her  fervid  desire  that  North-Carolina  may  be  \\ith 
her  in  counsel  and  in  action,  and  w  itb  her  iii  attempting  to  up] 
the  principles  of  liberty  which  are  engrafted  into  the  Constitution 
of  the  United  States,  and  in  the  heart-  of  her  people,  and  that 
the  States  of  the  South  ma}  be  enabled  to  snatch  that  Constitu- 
tion, and  those  principles,  from  the  desecrating  touch  of  fanatical 
"higher  law."  I.   \V.  CAKKO'lT. 

ROBT  II.  SMITH. 


UEBOE1  OF  THE  HON.  DAVID  CLOPTON,  COMMISSIONER  TO 

DKLAWAKi: 

\V  lbhinotoNj  I>.  C.,  January  8, 1860. 

Sir: — In  discharge  of  the.  duties  imposed  by  your  appointment 
of  Commissioner  from  the  State  of  Alabama  to  the  State  of  Dels- 


THE  CONVENTION  OK  ALABAMA. 


437 


ware,  I  prepared  and  delivered,  in  person,  to  his  Excellency, 
William  Durton,  a  communication  in  writing,  which  I  requested 
should  also  be  submitted  to  the  Legislature,  then  in  session,  and  a 
copy  of  which  I  herewith  transmit  to  you.  The  health  of  my 
family  prevented  me  from  spending  as  much  time  with  the  Governor 
and  Legislature,  as  it  was  my  wish  and  intention  to  have  done. 
No  reply  to  my  communication  has  been  received.  I  was  assured 
that  the  State  of  Alabama  had  the  sympathy  of  many  of  the  citizens 
of  Delaware  in  this  trying  emergency  ;  although  the  members  of 
the  Legislature,  not  having  becu  elected  in  view  of  the  present 
crisis,  would  not,  probably,  give  expression,  by  a  majority  vote,  to 
this  sympathy.  From  the  best  information  which  I  received,  I 
have  no  hesitation  in  assuring  your  Excellency,  that  whilst  the 
people  of  Delaware  are  averse  to  a  dissolution  of  the  Union,  and 
favor  a  Convention  of  the  Southern  States — perhaps,  of  all  the 
States — to  adjust  and  compromise,  if  possible,  existing  difficulties, 
yet,  in  the  event  of  dissolution,  however  accomplished,  a  large 
majority  of  the  people  of  Delaware  will  defend  the  South.  \n 
effort  will  be  made  to  procure  the  call  of  a  Convention  by  the 
Legislature,  which  it  is  hoped  will  be  successful ;  and  then  the 
people  of  Delaware  can  decide  their  own  course  according  to  their 
own  conceptions  of  the  requirements  of  honor,  safety  ami  right. 

It  gives  me  pleasure  to  report  to  your  Excellency,  my  cordial 
reception  by  the  officers  of  the  Executive  Department  of  the  State 
of  Delaware,  and  my  very  agreeable  intercourse  with   them  and 
many  of  the  Members  of  the  Legislature. 
I  have  the  honor  to  renin  in 

Very  truly  yours, 

DAVID  CLOPTON. 

His  Excellency  A.  B.  Mooni;,  Montgomery,  Ala. 


HON".  DAVID  CLOPTON  TO  Tin:  GOVERNOB  OP  DELAWARE. 

DOVER,  Delaware,  January  1st,  lv';l 

SiR: — I  have  the  honor  to  transmit  to  you  the  accompanying  p*. 
I  eis,  including  a  commission  from  the  (Governor  of  the  .State  oJ  Ala- 
bama, appointing  the  undersigned  commissioner  to  the  boy<  l 
State  of  Delaware,  "  to  advise  and  consult  with  his  Excellency  I  - 
ernor  William  Barton,  and  the  members  of  the  Legislature  or  State 
Convention,  as  the  MM  may  be,  of  said  State,  U  to  what  i>  beet  to 
be  done  to  protect  the  rights,  interests  and  honor  of  the  ilav<  hold- 
ing States."     With  a  due  appreciation  of  the  delicacy  and  respon- 


488  HISTORY     ANH     HK1UTKS     OF 

bibilitv  of  the  (rust  confided,  and  from  in  earnest  desire  to  dis- 

ohargS  its  duties  in  tin'  maimer  most  conducive  to  I  lie  hurniniiv 
and  cooperation  M  I  minently  proper  in  prSSSQl  omergenoios,  I 
addn  in  your  Excellency  this  eomniiinication,  and  request  that  it 
be  submitted  to  your  Legislature. 

Tbe  oeoesaitj  of  such  consultation,  ami  of  the  nj-jn <iut men t  of  a 

commissioner  for  the  purpose  expressed,  impKee  that  these  rights, 
interests  and  honor  are  endangered.  The  cause-  which  have  pro- 
lured,  upon  the  Dili  of  tlie  people  and  Governor  of  the  State  of 
Alabama,  this  not  merely  apprehension,  hut  oonvietion  of  dan-,  r, 
are  indicated  in  the  accompany ing  commission 

In  the  succession  of  party  triumphs  and  defeats  which  have 
marked  the  political  history  of  the  country,  the  power  and  patron- 
age of  the  Executive  Department  of  the  federal  Government  will, 

on  the  1th  March  next,  pass,  for  the  lirst  time,  under  the  coutrol 
of  a  purely  sectional  party,  which  has  succeeded  by  a  purely  sec- 
tional vote.  The  principles  and  purposes  ofthie  party,  aa  defined 
in  its  platforms  and  by  its  leaders  and  presses  are  too  well  under- 
stood to  render  it  necessary  for  me  to  recall  them  in  detail,  to  the 
notice  of  your  Excellency.  The  fact  that  it  is  a  sectional  party 
includes  the  additional  fact  that  its  aim  will  he.  by  all  the  means  of 
legislation  and  of  the  administration  of  the  Government,  to  promote 
ami  foster  the  interests  and  internal  prosperity  of  one  section,  and 
to  debase  the  institutions,  weaken  the  power,  and  impair  the  inter- 
ests of  the  other  section.  Its  animus  its  Single  bond  of  union,  is 
hostility  to  the  institution  of  slavery,  as  it  exists  in  the  Southern 
States.  Its  members,  numbering  marly  two  millions  of  voters,  as 
evidenced  by  the  late  presidential  election,  have  bssn  collected 
from  all  the  other  various  political  organizations j  and,  although 
disagreeing  totally  upon  other  important  political  principles,  have, 

nevertheless,  ignored  all  these,  and  been  moulded  Into  ■  compact 
mass  of  enmity  to  this  particular  institution,  upon  which  depend 
the  domestic,  social,  and  political  interests  of  fifteen  States  of  the 
Union;  and  which  institution  was  recognised,  respected,  guarded 
and  protected  by  the  convention  which  framed  the  Constitution, 
and  by  the  people  of  the  States  by  whom  it  was  ordained  and 
established. 

The  slaveholding  States,  notwithstanding  the  vastness  of  their 
interests  at  stake,  will  be  either  unrepresented  in  the  Cabinet  coun- 
cils of  the  incoming  Administration,  or  represented  by  men  who 
sympathize  with  this  party  in  its  purpose.  The  same  policy  will 
be  pursued  by  the  Executive  department  which  the  Presidentelect 
recommended  in  a  public  address,  when,  after  having  declared  the 
ends  to  be  accomplished,  he  said  :  "To  do  these  things,  we  must 


THE    CONVENTION    OF    ALAI1AMA. 


4S9 


employ  instrumentalities;  we  must  hold  conventions;  we  must 
adopt  platforms,  if  we  conform  to  the  ordinary  custom ;  we  must 
nominate  candidates,  and  we  must  carry  elections.  In  all  these 
things  I  think  we  ought  to  keep  in  view  our  real  purpose,  and  in 
none  do  anything  that  stands  adverse  to  our  purpose."  Those 
men  who  direct  the  sentiment,  purpose,  and  action  of  this  party, 
have  notified  the  people  of  the  slaveholding  States  that  the  past 
policy  of  the  Federal  Government  is  now  to  be  wholly  chauged  ; 
that  those  principles  which  have  secured  our  present  respect  abroad 
and  our  past  internal  prosperity  are  to  be  superseded  by  others 
which  are  adverse  to  the  true  theory,  nature,  and  designs  of  the 
Federal  Government. 

Mr.  Lincoln  has  left  us  in  no  doubt  as  to  his  policy.  In  the 
address  before  alluded  to,  which  he  delivered  at  Cincinnati  in  Sep 
tember,  1859,  he  emphatically  declared :  "  I  think  we  want,  and 
must  have,  a  national  policy  in  regard  to  the  institution  of  slavery, 
that  acknowledges  and  deals  with  that  institution  as  being  wrong 
Whoever  desires  the  prevention  of  the  spread  of  slavery,  and  the 
nationalization  of  that  institution,  yields  all  when  he  yields  to  any 
policy  that  either  recognizes  slavery  as  being  right  or  as  being  an 
indifferent  thing.  Nothing  will  make  you  successful  but  setting 
up  a  policy  which  shall  treat  the  thing  as  being  wrong.  When  L 
say  this,  I  do  not  mean  to  say  that  this  General  Government  is 
charged  with  the  duty  of  redressing  or  preventing  all  the  wrongs 
in  the  world  ;  but  I  do  think  that  it  is  charged  with  preventing 
and  redressing  all  wrongs  which  are  wrongs  to  itself.  This  Got- 
ernment  is  expressly  charged  with  the  duty  of  providing  for  the 
general  welfare.  We  believe  that  the  spreading  and  perpetuity  of 
the  institution  of  slavery  impairs  the  general  welfare.  We  believe, 
nay,  we  know,  that  that  is  the  only  thing  that  has  ever  threatened 
the  perpetuity  of  the  Union  itself.  The  only  thing  which  has  ever 
menaced  the  destruction  of  the  government  under  which  we  live, 
is  this  very  thing.  To  repress  this  thing  is,  we  think,  providing 
for  the  general  welfare."  lie  may  suppose  that  the  people  of  the 
slaveholding  States  will  be  satisfied  with  the  assurance  that  he  doeB 
not  intend  to  interfere  with  slavery  in  the  State-;  hut.  ia  thm- 
supposintr,  he  supposes  further,  that  they  have  not  the  manhood 
and  honor  to  assert  and  maintain,  or  do  not  possOM  the  intelligent 
to  understand,  their  rights  in  the  Territories,  <>r  wherever  el.--'  tin 
jurisdiction  of  the  Government  extends  ;  and  tint  they  are  willing 
to  surrender  all  the  ontpOSSS,  and  leave  the  eitedel  unguarded,  lia- 
ble to,  first,  covert,  then  open  attack-.  Notwithstanding thii  mho- 
rance,  common  sense  and  experience,  our  knowledge  at*  human 
nature  and  all  history  teach   that,   believing  slavery  to  he  .1  incr.il 


440 


HI8TOKT    AND    DEDATE8    OF 


and  political  evil,  a  wrong  to  the  Government,  and  that  these 
States  cannot  exist  half  free  and  halt' slave,  Mr.  Lincoln  willexert 
all  his  powers,  influence,  and  patronage  "to  place  it  where  tin 
publie  mind  shall  rest  in  the  belief  that  it  is  in  the  otorse  of  ulti- 
mate extinction." 

Prom  these  principles  and  this  avowed  policy  the  following  pro- 
positions may  he  correctly  deduced: 

The  success  of  "  republicanism"  ignores  th"  sovereignty  and 
disregards  the  riphts  of  the  States,  by  disallowing  the  concurrent 
majorities  established  by  the  Constitution  and  perverting  the  pow- 
ers of  the  Federal  Government  to  the  redressing  of  what  it  may 
consider  to  be  a  wrong  in  the  social,  domestic,  or  local  institutions 
and  regulations  of  any  of  the  States  ;  and  by  converting  that  which 
was  intended  to  be  a  Federal  Republic  into  a  consolidated,  cen- 
tralized power — a  despotism  of  numbers. 

Its  success  destroys  the  equality  of  the  States,  by  a  denial  of 
common  and  equal  rights  in  the  common  Territories  ;  by  the  effec- 
tual exclusion  of  any  representative  voice,  on  behalf  of  the  slave- 
holding  States,  in  the  management  of  a  co-ordinate  department  of 
the  Government,  and  by  the  declared  intent  to  administer  that 
department  in  a  manner  hostile  to  their  peace,  safety  and  pros- 
perity. 

Its  success  subverts  and  defeats  the  ends  of  the  Constitution. 
Instead  of  forming  a  more  perfect  Union,  it  has  dissolved  the 
Union,  by  compelling  the  secession  of  one  of  its  members  and  the 
anticipated  secession  of  others;  instead  of  establishing  justice,  it 
denies  justice  to  fifteen  of  the  States,  by  refusing  to  admit  any 
more  slave  States  into  the  Union,  and  by  the  enactment  of  laws  to 
prevent  the  rendition  of  fugitive  slaves;  it  endangers,  instead  of 
insuring,  domestic  tranquility,  by  the  possession  of  the  channels 
through  which  to  circulate  insurrectionary  documents  and  dissem- 
inate insurrectionary  sentiments  among  a  hitherto  conteuted  servile 
population  ;  it  neglects,  instead  of  providing  for,  the  common  de- 
fence, by  permitting,  within  the  limits  of  some  of  the  States,  the 
organization  of  plans  for  the  armed  invasion  of  others,  and  by  refu- 
sing to  surrender  the  criminals  when  fugitives  from  justice;  it 
disregards  and  impairs,  instead  of  promoting,  the  general  welfare, 
by  compassing  the  destruction  of  an  inestimable  amount  of  prop- 
erty with  all  its  direful  consequences;  it  will  rob  us  of,  instead  of 
securing  to  ourselves  and  our  posterity,  the  blessings  of  liberty,  by 
the  extinction  of  a  great  domestic  and  social  institution,  by  the 
overthrow  of  self-government,  and  the  establishment  of  an  equality 
of  races  in  our  midst. 

Its  success  overthrows  the  fundamental  principles  of  the  Revo- 


THE  CONVENTION  OF  ALABAMA. 


441 


lution,  by  denying  the  freedom  of  property.  This  freedom  of  pro- 
perty is  the  eorner-stone  of  social  happiness.  As  has  been  said, 
"  the  rights  to  life,  liberty,  and  property,  are  so  intimately  blended 
together  that  neither  can  be  lost  in  a  state  of  society  without  all; 
or,  at  least,  neither  can  be  impaired  without  wounding  the  others." 
To  maintain  the  value  of  property  and  realize  its  fullest  advantages, 
there  must  be  guaranteed  permanency,  security,  and  protection. 
"  Republicanism"  proposes  to  place  the  right  to  property  in  slaves 
under  the  ban  of  a  consolidated,  centralized  General  Government, 
and  threatens  to  employ  all  its  powers  and  resources  to  the  con- 
summation of  the  single  purpose  of  destroying  this  single  species 
property.  When  this  shall  be  done,  the  right  to  "  life,  liberty, 
and  the  pursuit  of  happiness"  must  be  involved  in  common  ruin, 
for  the  admission  of  sovereignty  in  a  government  admits  the  uni- 
versal claim  of  governmental  sovereignty  to  despotic  power  over  all 
these,  whether  it  is,  in  form,  a  monarchy,  a  democracy,  or  a  re- 
public. 

From  these  considerations,  your  Excellency  must  concur  in  the 
opinion,  expressed  by  the  Governor  of  the  State  of  Alabama,  that 
"  the  success  of  said  party,  and  the  power  which  it  now  has,  and 
will  soon  acquire,  greatly  endanger  the  peace,  interests,  security 
and  honor  of  the  slaveholding  States,  and  make  it  necessary  that 
prompt  and  efficient  measures  should  be  adopted  to  avoid  the  evils 
which  must  result  from  a  republican  administration  of  the  Federal 
Government."  You  can  not  be  surprised  that,  in  the  opinion  of 
the  opinion  of  the  people  of  Alabama,  the  time  has  arrived  when 
imperious  necessity  and  self-preservation  require  them  to  exercise 
their  right  to  abolish  the  present  Government  and  institute  a  new 
one,  "  laying  its  foundation  in  such  principles  and  organizing  its 
powers  in  such  form  as  to  them  shall  seem  most  likely  to  effect 
their  safety  and  happiness. 

I  am  impressed  with  a  sense  of  this  necessity,  and  contemplating 
the  possible  success  of  this  party,  the  General  Assembly  of  Ala- 
bama, at  the  session  of  1859-60,  adopted  joint  resolutions  by 
which  it  was  made  the  duty  of  the  Governor,  upon  the  election  of 
its  candidates  for  the  Presidency  and  Vice  Presidency,  to  call  a 
Convention  of  the  people,  '-to  consider,  determine,  and  do  what- 
ever, in  the  opinion  of  said  convention,  the  rights,  interests,  and 
honor  of  the  State  of  Alabama  repine  to  be  done  for  their  protec- 
tion.'" Tin  Governor,  by  authority  of  said  joint  resolutions,  and 
with  the  full  concurn moe  of  his  own  opinion,  did,  on  the  Gth  day 
of  this  month,  issue  a  proclamation,  calling  said  Convention  i 
si  uible  on  the  7th  day  of  January  next,  Commissioned  to  advise 
and  consult  with  your  Excellency,  it  would  be  improper  to  declare. 


442 


HIsloKY     AND    DBBATE8    OF 


at  this  time,  and  in  this  communication,  what,  in  my  opinion,  will 
be  the  action  of  that  Convention. 

1  will  .simply  suggest  that  the  hope  of  obtaining  new  ami  suffi- 
cient guarantees,  by  way  of  constitutional  amendments  or  other- 
wise, has  abandoned  the  hearts  of  all,  even  tin-  moat  moderate 
Southern  men.  The  expressions  of  republican  presses,  and  the 
representative  men  in  and  out  of  Congn  Be,  the  futile  efforts  of  the 
Senate  and  House  ( 'ommittces,  and  the  persistent  silence  of  Mr. 
Lincoln,  have  extinguished  the  last  ray  of  such  hope.  Hut,  even 
if  new  guarantees  could  be  obtained,  they  can  bring  no  sense  of 
security  to  the  Southern  mind;  they  would  prove  ;i  t<  -mporary  and 
delusive  truce — a  broken  reed  to  pierce  lo-natter.  The  slav<  hold- 
ing States  have  never  complained  of  the  insufficiency  of  the  Con- 
stitution, or  of  the  want  of  additional  and  further  guarantees. 
They  have  asked  no  more  than  the  faithful  observance  of  those 
which  are  contained  in  the  present  Constitution.  New  guarantees 
will  be  utterly  valueless  without  an  entire  revolution  in  the  public 
temper,  prejudices,  opinions,  sentiments,  and  education  of  the  peo- 
ple of  the  non-slaveholding  States.      Laws   passed   in   compliance 

with  such  new  guarantees  for  the  security  and  protection  of  pro- 
perty in  slaves  will  avail  nothing  where  their  execution  depends 
upon  the  Republican  appointees  of  a  Republican  President 

Speaking  from  what  I  am  assured  is  the  determination  of  the 
people  of  the  State  of  Alabama,  and  from  what  1  know  to  be  the 
opinion  of  her  Governor,  they  do  pot  propose  to  violate  any  section 
or  clause  of  the  Constitution  in  this  movement.  Whilst  Alabama 
continues  a  member  of  the  Union  the  people  and  chief  Executive 
intend,  as  it  is  their  proud  boast  to  have  ever  done,  to  regard  and 
observe  that  instrument  as  a  sacred  compact  Heme  the  State  of 
Alabama,  being  in  the  I'nion  and  prohibited  by  the  3rd  clause  of 
the  10th  section  of  the  1st  article  of  the  Constitution,  does  not 
propose  co-operation  in  the  sense  of  entering  into  any  agreement 
or  compact  with  another  State  or  States  to  abolish  the  Federal 
Government,  or  to  secede  from  the  Union.  After  the  State  has 
seceded  by  separate  State  action,  this  prohibition  of  the  Constitu- 
tion no  longer  restrains  or  operates  unon  the  sovereign  right  "to 
contract  alliances,  and  do  all  the  other  acts  and  things  which  inde- 
pendent States  may  of  right  do."  This  sufficiently  answers  the 
objection,  so  constantly  urged,  that  several  of  the  cotton  States  are 
determined  to  precipitate  the  act  of  secession,  and  disregard  the 
situation  and  interests  of  their  sister  slaveholding  States  by  refus- 
ing to  meet  them  in  convention.  The  people  of  Alabama  recog- 
nize the  right  of  the  people  of  each  other  State  to  decide  upon  any 
infraction  of  their  rights  by  the  Federal  Government,  and  to 
determine  the  mode  and  measure  of  redress. 


THE  CONVENTION  OF  ALABAMA.  443 

The  people  of  Alabama,  however,  also  understand,  and  will 
observe,  the  comity  which  should  exist  between  sovereign  States, 
and  especially  between  the  slaveholding  States.  They  fully  appre- 
ciate the  position  and  condition  of  the  border  slaveholding  States, 
and  are  willing  and  ready  to  engage  with  them  in  a  defence  of 
common  rights  and  safety.  Identity  of  interest  is  a  bond  of  sym- 
pathy. Similar  dangers  suggest  the  propriety  of  similar  and 
simultaneous  action,  as  far  as  practicable.  The  withdrawal  of  all 
the  slaveholding  States,  and  the  organization  of  a  Southern  Con- 
federacy, would  possess  a  moral,  political,  and  physical  power 
which  no  government  would  dare  to  oppose.  Yet  the  people  of 
Alabama  will  not  assume  or  pretend  to  dictate  to  the  intelligent, 
brave,  and  patriotic  people  of  the  State  of  Delaware  what  course 
their  safety,  interests,  and  honor  require  them  to  adopt,  believing 
that  they  are  competent  and  have  the  right  to  decide  by  and  for 
themselves.     They  ask  only  to  advise  and  consult  together. 

To  secure  such  consultation,  in  order  to  be  informed  of  the  views 
and  opinions  of  the  citizens  of  other  States,  and  to  show  a  due 
respect  for  these  views  and  opinions,  at  the  same  time  avoiding  any 
semblance  of  a  violation  of  the  Constitution,  the  Governor  of  Ala- 
bama has  appointed  a  commissioner  to  each  of  the  tlavehelding 
States.  It  will  be  my  pleasure  to  advise  and  consult  with  your 
Excellency  and  the  membess  of  the  Legislature,  so  far  as  may  be 
agreeable  and  practicable,  and  to  communicate  the  views  and  pur- 
poses of  your  Excellency,  and  the  sentiments  and  desires  of  the 
people  of  Delaware,  to  the  Governor  of  the  State  of  Alabama  by 
the  time  of  the  meeting  of  the  State  Convention. 
I  have  the  honor  to  be,  very  respectfully,  sir, 

DAVID  CLOPTON. 


HE- PORT    OF    HON.    DAVID    IH  15I3ARD,    COMMISSIONER   TO  AR 

KAN- 

KiNi.'M'ii,  Alabama.       / 

8d  January,  I860,  f 
or  Andrew  B,   M 

M  ,     Dear  Sir — 

On  receipl  of  tout  letter  and  appointment  as  Commis 
from   Alabama  t<»  Art  an  tan,  I  repaired  at  once  to  Little  Rook, 
ami  presented  my  credentials  to  the  two  Houses,  and  also  roar 
letter  to  (Jot.   Rector,  by  all  of  whoa  I  was  politely  recerved. 
The  Governor  of  Arkansas  was  every   sray  disposed  to  further 


1  1  I  HISTORY     ASH    DKRATKS 

our  views,  and  m  were  many  leading  and  influential  member* 
each  House  of  the  Legislature,  but  neither  are  yet  ready  fbra? 
tion,  beeauae  they  fear  the  people  hare  not  yet  made  op  their 
minds  !«>  go  out.    The  counties  bordering  on  the  Indian  Nations. 
ks,  Cherokeea,  Choctawsand  Chicaaaws,  would  hesitate  great 
ly  to  vote  lor  secession,  and  leave  those  Tribes  still  under  the  In 
nuenee  of  the  Governmental   Washington,  from  which  they  re 
oaive  such  large  st  ijnii.  l-s  and  annuities.     Tl).  Be  Indiana  are  at  a 
spot  very  important,  in  my  opinion,  in  this  great  Beotronal  eoM 

troversy.  ami    must     be  assured  that  the   South  will    do  M  N*fl  as 

the  North,  befere  they  ootid  he  induced  to  change  their  alliances 
and  dependence.     I   have  much  on  this  subject  to  say  when  I  get 

to  Montgomery,  Which  cannot  well  he  written. 

The  two  Houses  passed  Resolutions  inviting  me  to  meet  them 
in  the  Representative  Hall,  and  consult  together  as  to  what  had 
best  !»<■  done  in  this  matter.  When  1  appeared,  men  wen'  auv 
ions  to   know  what    the  seceding  Slates  intended    to  do  in  certain 

contingencies.     My  appointment  gars  me  no  authority  \<>  speak 

as  to  what  any  State  would  do,  hut  I  spoke  treely  of  what,  in  m\ 
opinion,  we  ought  to  do.  I  took  the  ground,  that  no  State  which 
hail  seceded  would  ever  go  hack,  without  full  power  being  given 
to  protect  themselves  by  vote  against  anti-slavery   projects  and 

schemes    of  every     kind.      1    took    the    position,  that     the    North- 

'/■a  pt&ple  were  hours/,  and  did  tear  the  Divine  displeasure,  both 
in  this  world  and  the  world  to  come,  hy  reason  ot"  what  they  con 
sidered  the  national  sin  of  slavery;  and  that  all  who  agreed  with 
me  in  a  belief  of  their  sincerity,  must  fr66  that  WS  could  not  remain 

quietly  in  the  same  Government  with  them. 

Secondly,  if  the}  were  dishonest  hypocrites,  and  only  lied  to 
impose   on  others  and    make  them    hate  us,  and    used  anti-slaver\ 

arguments  as  mere  pretexts  for  the  purpose  of  uniting  Northern 

sentiment    against    us.  with   a  \  icw    to  obtain    political   [lower  and 

sectional  dominion,  in  that  event  we  ought  fiot  to  live  with  them. 
I  desired  any  Unionist   present  to  controvert  either  of  these  posi 

tions,  which  Beamed  to  cover  the  whole  ground.  No  one  attempt- 
ed either,  and   I   said   hut   little  more. 

I  am  satisfied,  from  free  conversations  with  members  of  ail 

paities,  and  with  Gov,   Elector,  that  Arkansas,  when  compelled  to 
Choose,  will  side  with    the  Southern    States,  hut  at    present  a  in;: 
jorit\  would  vote  the  Union  ticket.     Public  sentiment  is  but   being 
formed,  but  must  take  that  direction. 

1  have  the.  honor  to  be  truly,  &C, 

DAVID  HUBBARD. 


THE  CONVENTION  OF  ALABAMA.  445 


ADDRESS  TO  THE  PEOPLE  OF  ALABAMA. 

The  undersigned,  delegates  to  the  Convention  of  the  people  of 
the  State  of  Alabama,  feel  it  their  duty  to  themselves,  to  their 

constituents,  and  to  the  people  of  the  State  at  large,  to  make 
public  the  reasons  that  actuate  them  in  withholding  their  signa- 
tures from  the  Ordinance  of  Secession  by  which  the  people  Of 
Manama  resumed,  on  the  11th  day  of  January,  1861,  the  powers 
previously  delegated  to  and  exercised  by  t he  Federal  Govern- 
ment. This  duty  is  the  more  imperative,  as  designing  persons 
have  misrepresented,  and  will  continue  to  misconstrue,  their  re- 
fusal to  participate  in  a  mere  form  of  attestation,  into  opposition 
and  hostility  to  a  solemn  act  of  the  State.  This  act  is  binding 
on  all  citizens  alike,  and  none,  are  more  ready  than  the  under- 
signed, to  yield  a  cheerful  obedience  to  the  will  of  their  State,  to 
which  tiny  owe  their  first  and  paramount  allegiance,  and  none 
will  be  more  faithful  in  upholding  and  sustaining  at  any  price, 
and  at  any  sacrifice,  her  interest  and  her  honor,  in  the  attitude 
she  has  assumed  by  this  act.  If.  therefore,  the  enemies  of  the 
State  derive  comfort  from  the  refusal  of  the  undersigned  to  sign 
the  Ordinance,  the  fault  will  lie  with  those  who  misrepresent 
their  motives   or  impugn   their  patriotism   and  loyalty  to  their 

State. 

The  Ordinance  derives  no  additional  validity  from  the  signa- 
tures of  the  individual  delegates  composing  the  Convention. 
The  affixing  these  signatures  Is  a  mere  form  of  attestation,  and 
might  be,  and  most  likely  Would  be,  regarded  as  a  voluntary 
abandonment   and    retraction    of  those    principles    and    views    oi 

public  policy,  advocated  by  the  undersigned  befbre  the  people. 

and    which  caused   them  to   oppose  the   passage  Of  the   Ordinance 

of  Secession,  [in  its  present  form.]  While  the  undersigned  can- 
not consent  to  have  even  the  appearance  of  modifying  or  relin- 

ouishing  these  views  and  principles,  they  do  sincerely  disclaim 
all  intention  to  perpetuate  the  bitterness  and  animosities  o(  for- 
mer party  divisions,  or  to  encourage  new  divisions  between  those 

who   favored  and    those  who   opposed    Separate    Stale  action,  and 

fchej    solemnly  pledge  themselves  to  a  faithful  and  zealous  smp 

port  of  the    State  in  all  the    oonsdquencei   that    may  result    from 

the  <  >rdinance  of  Secession. 

These    principles  and    views    Of  public    policy,    to    whi'li    they 

stood  pledged  to  their  constituents,  and   which  have  governed 

their  action  in  Convention,  are  so  well  known  as  to  require  only 
a  brief  enumeration. 


MB  HNIl     AM)     DK1IATES    OF 

Burst.  Tin'  great  fundamental  principle  that  all  representative 
bodies,  exercising  a  high  and  responsible  public  trust,  should  sul>- 
mit  their  acts  »r  the  approval  or  condemnation  of  those  by 
whom  ilir  trust  «;b  confided;  especially  when  in  the  discharge 
tch  trust,  is  involved  a  radi -al  change  in  the  existing  Govern- 
nifiit.  affecting  alike  the  highest  and  the  lowest  in  the  land,  ami 
upon  which  depends  the  welfare  and  happiness  pf  not  only  this 
generation,  but  that  of  the  remotest   posterity,  demanded    that 

the  Ordinance  of  Secession  Bhould  have  1 n  submitted  to  the 

people  "i'  the  state  for  their  ratification  or  rejection  at  the  ballot 
box.  This  principle  is  the  fdundatioa  <>t'  the  whole  theory  of  pop- 
ular government,  and  is  the  only  safeguard  to  the  abuses  of  trust 
and  the  usurpations  of  pew ar. 

Secondly.  Not  only  comity,  but  the  interest  of  all  concerned, 
and  of  none  more  than  Alabama,  dictated  the  polio)  of  veapeal 

fully    consulting    with   all    the   States    whose    identity    of  interest 

makes  their  ultimate  destiny  inseparable  from  aura,  and  who  are 
affected  almost  as  much  as  ourselves  bj  any  action  on  our  cart. 

of  devising  with  them,  or  at    least  suofa  of  them  as  would  join  us 

in  a  plan  of  harmonious  and  simultaneous  action,  thus  presenting 
in  all  our  dealings  with  the  Federal  (Government,  foreign  nations 
or  hostile  States,  a  united  strength,  a  moral  power  and  a  national 
dignity,  which  no  single  State  could  hope  to  present  :  of  estab- 
lishing a  new  Confederacy  of  all  the  States  engaged  in  a  common 
cause,  before  finally  severing  all  connection  with  the  Federal  Gov- 
ernment, and    thus  avoiding    to  the  individual   States  the  l.urdeiis 

and  dangers  of  an  independent  and  separate  national  exiatenoe, 
placing  the  formation  of  a  new  Confederacy  beyond  the  risks  and 
hazards  to  which  it  would  l>e  subjected  by  the  conflicting  interests 

and  views  of  disunited  States,  each  acting  for  itself,  without  con- 
cert one  with  another,  and  leaving  no  interregnum  during  which 
men's  minds  could  he  unsettled,  and  all  material  interests  jeop- 
arded by  tin;  uncertainties  of  the  future.  These  views  of  policy 
the  undersigned  arc  convinced  are  the  only  ones  consonant  with 
prudence  and  a  wise  discretion,  and  the  only  ones  that  can  had 
to  a  peaceful  ami  successful  termination  of  present  difficulties. 
It  is  not  yet  too  late  to  apply  them,  at  least  in  part,  to  the  man- 
agement of  public  all'airs.  ami  as  we  see  with  pleasure  the  cheer- 
ing   indications    of  their    heing    more   generally     recognised    and 

adopted  than  during  the  first  efferv esenoe  of  popular  excitement, 

at    the   accumulated    wrongs   and  insults    of  hostile  and    sectional 

factions,  culminating  in  the  election  of  a  sectional  President* 

It  will    not    he  necessary    to  add,  in  conclusion,  that   in  refusing 
to  sign  the  Ordinance  of  Secession,  the  undersigned   arc  actuated 


THE  CONVENTION  OF  ALABAMA.  447 

by  no  desire  to  avoid  the  responsibilities  that  now  attaeh,  or  m:iv 
hereafter  attach,  to  the  aet  by  which  the  State  withdrew  from  the 
Federal  Union.  Not  only  will  thev  share  these  responsibilities 
alike  with  those  who  siim  the  Ordinance,  but  if  it  should  appear 
that  the  public  interest  or  expediency  requires  the  affixing  of 
their  signatures,  thev  will  unhesitatingly  and  cheerfully  do  so — 
their  object  being  in  the  present  statement  solely  to  defend  and 
maintain  the  principles  and  line  of  policy,  the  advocacy  and  sup- 
port of  which  was  entrusted  to  them  by  their  constituents,  and 
which  they  believed  to  be  of  vital  importance  to  the  future  peace 
and  welfare  of  the  State. 

Willi  this  brief  exposition  of  our  acts,  and  the  reasons  therefor, 
we  are  willing  to  be  judged  by  a  candid  public;  the  truth  and  sin- 
cerity < if  our  declarations  and  motives,  time  alone  can  decide; 
and  upon  the  correctness  and  wisdom  of  those,  principles  and 
views  of  public  policy,  by  which  we  have  been  governed,  "other 
men  and  other  times''  frill  render  a  correct  verdict, 

R.  JEMISON,  Jr.,         ^  NICK  DAVIS, 

WM.  0.  WINSTON,  THOS.  J.  McCLELLAN, 
JOHN  GREENE.  Sr.,    'Com.      JOHN  POTTER, 

S.  P.  TIMBERLAKE,    |  S.  C.  POSEY, 

M.  J.  BULGER,  J  E.  P.  JONES, 

A.  KIMBAL,  B.  W.  WILSON, 

WILLIAM  H.  EDWARDS,  LANG  C.  ALLEN, 

R.  R.  WOOD,  JOHN  A.  STEELS, 

GEORGE  FORRESTER,  J.  P.  COM  AN, 

HENRY  M.  GAY,  HENRY  C.  SANFORD, 

WINSTAN  STIDHAM,  JOHN  J.  BRASHER, 

ARTHUR  C.  BEARD,  W.  A.  WOOD, 

JAMKS  L.  SHEFFIEIj),  JOHN  R.  COFFEY, 

J.  N.  FRANKLIN,  TIMOTHY  J.  RUSSFLL, 

JONATHAN  FORD,  H.C.JONES, 

ROBERT  (iUTTERY,  WM.  L.  WHITLOCK. 
W.  K.  SMITH, 


WITHDRAWAL  OF  ALABAMA  SENATORS 

Mi:.  Pauc.an.  from  the  Committee  on  Foreign  Relations,  made 

the  fallow  ing  report : 

Your   Committee,  to  whom    was  referred  certain  resolutions 

adopted  by  many  >>\   tfceSoutfeerO    Senators  and    members  of  the 


I!"-  MIWIT     AND    DKHATKS    (»K 

[lipase  of  Representatives  of  tin-  Congress  of  the  1 
iia\ « ■  had  the  same  under  consideration  : 

Thej  believe  tint  tin-  Ordinance  of  Secession  adopted  bj  the 
i  v.ii\ « iiti'.n  of  iln-  people  of  Alabama,  severe  complt  t,  '-/  .-ill  con- 
nections between  the  State  of  Alabama  and  tli«-  Government  of 
the  United  State*.  That  the  State  of  Alabama  is  no  longer  «v 
titled  to,  and  oughl  not  to,  I"-  represented  in  the  Congress  of  t In- 
i  nited  States;  tnereft>ra,  that  they  have  knttracted  me  to  report 
the  following  Resolution : 

That  our  Senators  and  members  of  Congress  of  the 
Government  of  the  United  States,  at  Washington,  be  informed, 
that  the  State,  of  Alabama  can  rtoftms  wented  in  the  Con- 

•  of  ;li"  United  States,  as  &iu  of  said  United  States. 

Adopted — a"  <liss<ntiit<j  voi    , 


WITHDBA WAL  OF   ALABAMA  SEN  AT«  Mis. 

\1 1:.  (  'i.av.  of  Alabama  : 

1  rise  tu  announce,  for  m\  colleague  and  myself,  that  the  peo* 
pie  of  Alabama  have  adopted  an  Ordinance  of  separation,  and 
that  they  are  all  in  favor  of  withdrawing  from  this  Union.  I 
wish  it  to  he  understood  that  this  is  the  act  of  the  people  of  Al- 
abama, in  taking  this  momentous  step.  It  is  ncarh  forty-two 
years  since  Alabama  came  into  this  1  nion;  she  entered  it  amid 
violence  and  excitement,  caused  by  the  hostility  of  the  North 
against  the  institutions  of  slaver}  at  the  South.  It  is  this  same 
spirit  of  hostility  at   the   North  which  has  effected  the  secession 

of  Mississippi,  South  Carolina,  G 'gia,   Florida  and  Alabama. 

k  has  denied  us  <  !hristian  c  tmmunion,  because  it  could  not  endure 
what  it  styles  the  Leprosj  of  slavery.  It  refuses  us  permission 
to  pass  through  the  North  with  our  property,  in  violation  of  the 
Constitution  and  the  laws  of  Congress  designed  to  protect  that 
property.     It    has  refused    us  any  share  in  the  lands  acquired 

mainly  by  our  diplomacy,  our  bl I,  and  our  treasure.     It,  has 

robbed  us  of  our  property  and  refused  restoration.  It  has  re- 
fused to  deliver  up  criminals  against  our  laws  who  Bed  to  the 
North  with  our  property,  or  with  blood  upon  their  hands,  and  it 
threatened  us  with  punishment,  and  inurdeivd  Southern  men  who 

attempted  to  recover  their  property.     It  invaded  the  borders  ot 

Southern  States,  burned  the  dwellings  and  murdered  the  families. 
Habitual    violators  of  the  rights  of  humanity,  the)   have  exhaust- 


THE    CONVENTION    OF    ALAIIAMA. 


449 


cd  all  that  human   ingenuity  can   devise,  and  all  that  diabolical 
malice  can  invent,  to   heap  indignity  upon  us.  and  make  us  a  by- 
word, a  hissing  and  a  scorn  throughout  the  civilized  world.     Yet, 
we  bore  all  this  for  many  years,  and  might  have  borne  it  many 
ears  longer,  under  the  oft-repeated  assurance  and  fondly  cherish- 
ed  hope  that  theso  things  were  not    the  action  and  feeling  of  a 
majority,  but  a  minority  party*.     But  the  failure  of  these  prom- 
ises and  our  hopes  have  conclusively  proved  to  us  that  there  is 
mo  hope.     The   platform  of  the  Republican   party  we  regard  as  a 
declaration  of  war   against  the  lives  and  the  institutions  of  the 
Southern  people.     It  not  only   reproaches  us  as  unchristian  and 
heathenish,  and   imputes  to  us  a   sin  and   crime,  hut  adds  words 
insulting  and   hostile  to  our  domestic  tranquility.     In  its  declara- 
tion  that  our  negroes  are  entitled  to  liberty  and  equality  with 
while   men,  it   is  in  spirit,  if  not  in  fact,  a  strong  incitement  to 
insurrection,  arson,  murder  and  other  crimes.     And  to  aggravate 
the  insult,  the  same  platform  denies  vis  equality  with  Northern 
white   men,  or  free  negroes,  and   brands  us  as   an  inferior  race. 
To  cap  the  climax  of  insult  to  our  feelings,  and  this  menace  to 
our  rights,  this  party  nominated  for  the  Presidency   a  man  wdio 
not  only  endorsed  the  platform  and  promised  to  enforce  its  prin- 
ciples, but  disregards  the  judgments  of  your  courts,  the  obliga- 
tions of  your  Constitution,  and  the  requirements  of  his  oath,  bj 
approving   any  bill  to   prohibit  slavery  in  the  Territories  of  the 
United  States.     A    large  majority  of  the  Northern  people  have 
declared   their  approval  of  the  platform   and   candidates  of  that 
party  in  the  late  election.     It  is  the  solemn  verdict  of  the  people 
of  the   North,  that  the  slaveholding  communities  of  the  South 
are  to  be  outlawed  and    branded  with  ignominy  and   consigned  1" 
execration  and  ultimate  destruction.     Sir,  are  we  looked  upon  as 
more  or  less  than  men  ?     Is  it  expected  that  we  will  or  can  exer- 
eise   that  god-like    virtue    that    beareth   all  things,    helieveth   all 
things,  hopeth   all   things,  endureth   all   things,  which    tells   M  to 
love    "iir  enemies,  and    bless  theOQ    that    CUTM    us?     Are   v. 
pected  to  be  denied  the  sensibilities,  the  sentiments,  the  passions; 
the  reason,  the.  instincts  of  men  .'      I  lave  not  we  pride  and  honor.'' 
Have   we  no  sense  of  shame.  DO  re\erence  for  our  ancestors,  and 
■  are  for  our  posterity  ]      IIa\e  we  no  |o\e  of  home,  of  family,  ol 

friends  1  Must  we  confess  our  baseness,  discredit  tin-  fame  nil 
our  sires,  dishonor  ourselves  and  degrade  our  posterity,  abandon 
our  homes,  flee  Ottr  country — all,  all  for  the  sake  of  the  I  sioo  ? 
'1  st  we  agree  to  live  under  the  baa  of  our  own  government  1 
Must  we  acquiesce  in  the  inauguration  of  a  President  chosen  by 
onfederate  and  hostile  States, whose  political  faith  constrains  him 
00  denv  us  our  constitutional  rights  1 
I 


4fc0  IllsloliY    AM)    DEBATES    OF 

Mu-.t  we  consent  t>>  live  under  i  goTorannnat  which  we  I >»-]i«-\-r 
will  licii'rf.irili  be  administered  by  those  who art  only  deny  us 
justice  and  equality,  but  brand  uses  inferiors;  whose  avowed 
principles  And   policy  must  destroy  our  domestic  tranquility  and 

imperil  the  lives  of  our  wives  and  children,  ;in<l  ultimately  de- 
stroy our  States?  Must  we  live  by  ohotSS  or  compulsion  under 
the  rule  of  those  who   present  us  the  alternative  of  an   irrepressi- 

lile  eonlliet  in  defence  of  <>ur  altars  and  firesides,  oar  themamunts> 
sion  of  our  slaves,  an<l  their  admission  to  soeial  equality  1  No, 
sir,  never]  never  1    The  freemen  of  Alabama  bavs  proclaimed  t-> 

the  world  that    thev  will  n«-t,  and   have  proven  their   sincerity  by 

seceding  from  the  Union,  and  braving  all  the  dangers  si"  I  saps 

rate  and  independent  nation  among  the  powers  of  the  earth.  \- 
a  true  and  loyal  citizen  of  that  State,  approving  of  her  action, 
acknowledging  entire  allegiance,  and  feeling  thai  I  am  absolved 
by  her  from  all  inv  obligations  to  support  the  Constitution  of-  the 

United  States,  1  withdraw  from  this  body,  intending  to  return  to 
the  bosom  of  my  mother,  and  share  her  late  and  maintain  her 
fortunes. 

Mk.  Fn/r,\Tiu<'K.  of  Alabama  i 

sfy  oolleagne  has  announced  our  withdrawn]  from  the  Senate. 

1  have  only  to  say  that  I  eoncur  in  it,  and  endorse  fully  ail  that 
ne  has  said. 


LETTER  FROM  SENATOR  ('LA V,  WITH  CERTAIN  RESOLUTIONS 

WASHINGTON  City,  January  7,  L861. 

His  Kxcellency  A.  B.  MOOBBI 

Mv  DlAB  Sik: — At  a  caucus  of  Senators  from  the  States  of 
Georgia,  Florida,  Alabama,  Mississippi,  Arkansas,  Louisiana  and 

Texas,  in  which  all  were  present  hut  Mr.  Toottrbfl  and  Mr.  Sebas- 
tian, tin  enclosed  resolutions  were  adopted;  the  first  and  second 
with  hut  one  dissentient,  and  the  third  with  but  four.  Members 
of  the  House  of  Representative!  from  those  States  were  not  pres- 
ent, because  there  was  not  time  to  summon  them,  and  in  fact, 
many   of  them  had  left  this  city. 

There  was  a  common  understanding,  that  the  Senators  of  each 
State  should  communicate  the  resolutions  and  action  of  the  caucus 
to  the  Qovernor  of  their  State,  to  be  used  as  might  be  deemed 
best,  on  consultation  with  members  of  the  Convention  or  Legisla- 
ture, that  might  be  assembled. 


TI1K    CONVENTION    OF    ALABAMA.  l.">j 

I  wish  to  invoke  attention  to  the  3rd  resolution,  and  to  make 
such  explanation  as  is  necessary  to  prevent  any  misconstruction  of 
the  motive  of  those  who  voted  for  it. 

Tt  will  at  once,  occur  to  your  mind,  that  there  is  a  plain  incon- 
gruity between  the  first  and  third  resolutions  ;  that  after  a  State 
has  seceded  from  the  present  Federal  Union,  its  Senators  and 
Representatives  have  no  right  to  seats  in  this  Congress.  Such 
most  be  the  conclusion  of  all  who  maintain  the  right  of  secession. 
This  was  admitted  by  the  caucu-j,  not  excepting  ([  believe)  one  of 
those  who  voted  for  the  third  resolution. 

But  the  Black  Republicans  deny  the  right  of  secession  ;  insist 
that  the  late  Senators  and  Representatives  from  South  Carolina 
arc  still  members  of  the  respective  Houses  to  which  they  were 
elected,  and  the  names  of  those  Representatives  (by  order  of 
Speaker  Pennington,)  and  of  those  Senators  (without  order  or 
objection)  are  still  called,  as  if  present.  They  are,  therefore, 
estopped  from  objecting  to  the  votes  of  Senators  and  Representa- 
tives from  other  States  that  may  secede  before  the  4th  of  March 
next,  if  any  retain  their  seats  after  the  secession  of  their  State. 

There  is  a  manifest  purpose  of  the  Black  Republicans  in  both 
Houses  of  Congress,  to  use  the  power  they  may  have,  when  the 
Senators  and  Representatives  of  the  Cotton  States  leave  here,  to 
enact  every  species  of  legislation  which  hate  of  the  South  and  lust 
of  power  and  plunder  may  suggest.  Bills  extending  the  districts 
for  the  collection  of  revenue,  so  as  to  authorize  collections  on  board 
of  war  vessels  in  view  of  Southern  ports — increasing  the  Tariff  and 
making  it  discriminate  more  against  the  South — increasing  the 
Army  and  Navy — calling  for  Volunteers  and  offering  them  boun- 
ties in  land  and  money — employing  the  militia — authorizing  loans 
and  issuing  Treasury  notes — indeed,  every  bill  will  be  passed  which 
they  can  pass,  and  may  deem  necessary  to  strengthen  the  arm  of 
Government,  and  to  enable  Mr.  Lincoln  to  enforce  payment  of 
revenue  at  Southern  ports  or  to  blockade  them,  or  to  commence 
war  upon  the  South,  as  soon  as  he  is  installed  in  office.  Such 
legislation  might,  probablj,  be  defeated,  if  the  delegates  from  the 
Cotton  States,  about  to  secede,  remained  in  their  seats  till  tin-  1th 
March  ;  and  a  new  Congress  could  not  be  convened  before  v 
tember  next,  by  which  time,  we  might  be  fully  prepared  fbr  war 
and  strengthened  by  the  alliance  of  all  the  llaveholding  States. 

Ol  the  other   hand,  it  may  be   W'H  asked   whether  it  will  com- 
port with  the  dignity  and  honor  (if  Alabama,  after  she  has  seceded 
from  the  Union,  to  authorize  lor  flfimtOTI  and   Representatives  to 
hold  their  seats  in  this  Congress?     Or  can  she  with  credit.  | 
an  Ordinance  of  Sece-.-inn  and  vet  direct  them  to  retain  their  seats  ? 

n 


:",-.'  IIISTDKV     ANI»    1  >  K I : 

I  submit  the  resolutions,  to  be  sent  to  the  CoBTWtioa  lor  their 
eousidcration,  if  you  deom  it  proper  OK  expedient. 

I  owe  it  to  myself  to  say,  that   L  do  not  wish  to  remain  here,  and 
if  I  consulted  iny  own  feelings,  interest-  «»r  opinions,  I  would   nut 
-tav  a  day  after  the  secession  of  my  State-. 
I  am,  most  respectfully, 

Your  friend  and  lerv't, 

C.   0.   0LA.1T,  Ju. 

/,'« solved,  Tluit  in  our  opinion,    each    of  the  Southern    Si 
-iiould,  as  soon  as  may  be,  secede  from  the  Union. 

Btaoivedf  That  provision  should  be  made  for  a  Convention  to 
organize  a  Confederacy  of  the  seceding  States,  the  Convention  t<> 
meet  not  later  than  the  15th  of  February,  at  the  city  of  Mont- 
gomery, in  the  State  of  Alabama. 

Resoled,  That  in  view  of  the  hostile  legislation  that  is  threat- 
ened against  the  seceding  States,  and  whico  may  be  consummated 
before  the  4th  of  March,  we  ask  instructions,  whether  the  delega- 
tions are  to  remain  in  Congress  until  that  date,  for  the  purpose  of 
defeating  such  legislation. 

Resolved,  That  a  Committee  be  and  are  hereby  aj "pointed,  con- 
sisting of  Messrs.  Davis,  Slidell  and  Mallory,  to  carry  out  the 
objects  of  this  meeting. 


REPORT  OF   Till:    COMMISSIONER   FROM    A LA RAM  V   XO  W  ASil- 

im;ton. 

Mo.vi'i.nMKUY,  Ai.a.,  Feb.  18,  18G1. 

To  His  Exceu.kv  y   A.  li.  Moork, 

(low r nor  of  the  State  of  Alabama  : 

glR  ; — On  the  25th  of  January,  1861,  I  had  tho  honor  to 
receive  from  your  Excellency,  the  appointment  of  Commissioner 
from  the  State  of  Alabama  to  the  Government  of  the  United  States 
at  Washington  City,  "  to  uegotiato  with  the  said  Government  in 
reference  to  the  Forts,  Arsenals  and  Custom  Houses  within  this 
State,  and  the  public  debt  of  the  United  States ;  also  as  to  the 
future  relations  of  the  State  of  Alabama,  now  a  sovereign,  indepen- 
dent State,  with  the  Government  of  the  United  States." 

On  receiving  my  commission,  I  forthwith  repaired  to  the  city  of 
Washington  to  enter  upon  the  duties  of  the  trust  which  had  been 


THE  CONVENTION  OF  ALABAMA.  153 

confided  to  me.  The  day  after  my  arrival,  I  applied,  through  the 
Hon.  C  C  Clay,  Jr.,  for  an  audience  with  the  President  of  the 
United  States  to  present  my  credentials  aud  enter  upon  the  pro- 
posed negotiation.  I  herewith  submit  to  your  Excellency  a  copy 
of  the  entire  correspondence  between  Mr.  ( 'lay  and  the  President, 
and  Mr.  Clay  and  myself,  relating  to  the  mission.  By  it  your 
Excellency  will  perceive  that  the  President  refused  to  recognize 
me  in  the  only  character  in  which  I  was  authorized  to  represent 
the  State.     This,  of  course,  ended  my  duties  as  commissioner. 

Trusting  my  action,  as  shown  by  the  correspondence,  may  meet 
with  the  approval  of  your  Excellency,  I  have  the  honor  to  be,  with 
the  highest  consideration, 

Your  Excellency's  most  ob't  serv't. 

THOS.  J.  JUDGE,  Coms'r,  cvc. 


MR.  CLAY  TO  THE  PRE8IDENT. 

Brown's  Hotel,         ) 
Washington  City,  Feb.  1,  18(31.      \ 

Ilrs  Excellency,  James  Buchanan, 

President  of  (he  U.  S.  of  America  . 

Sir: — I  have  the  honor  to  inform  yon  that  the  Hon.  Thos.  J. 
Judge,  of  Alabama — duly  commissioned  to  negotiate  with  the 
government  of  the  U.  S.,  in  reference  to  the  Forts,  Arsenal  and 
Custom  Houses  in  that  State,  and  the  debt  of  the  U.  S.,  is  in  this 
city  and  desires  to  present  his  credentials,  and  enter  upon  the 
proposed  negotiation. 

Will  you  be  pleased  to  inform  me,  when  it  will  suit  your  conve- 
nience, to  give  him  an  audience,  and  oblige. 

With  high  consideration, 

Your  Ex.  most  obedient  servant, 

C.  C.  CLAY,  Jr. 


THE  PJIE8IDENT  TO  MR.  CLAY. 

W  LSHUIGTONj    F-1'.  -',   L861. 

Dkar  Sir: — In  answer  to  your  note  of  yesterday,  1  shall  be 
happy  to  receive  the  Hon.  Thomas  J.  .Judge,  as  a  distinguished 
citizen  of  Alabama,  either  at  1  '1  or  .'!  o'clock  on  Mondav,  as  mav 
best  suit  his  convenience. 


L54  BISTORT     AM)    DEBATES    OF 

You  are  doubtless,  aware,  from  my  several  messages,  that  in  my 
judgment,  I  have  no  power  to  recognise  him  in  the  character 
ascribed  to  him  by  your  letter. 

Fours  very  respect  fully, 

JAMES  BUCHAN  \N. 
II  m.  Clkmknt  C.  Clay,  &c.  &o.  &o. 


mi;,  clay  to  mr  .ni»i;i:. 

Brown's  1 1  • » l  i  i  .         I 

Washington  City,  Feb.  2,  L661.      j 

Hon.  T.  J.  Juihjk: 

Dear  Sir: — I  send  you  a  copy  of  my   note  in  your  behalf,  as 
Commissioner,  \c,  to  the  President  of  the  United  States,  and  his 

reply — which  has  reacheil  mo  since  7  o'clock,  P.  M.  Please  read 
and  advise  me  of  your  wishes  and  purpose,  in  the  premises,  by 
MondaV  next. 

I  will  drier  my  departure  for  a  few  days  longer  if  1  can  BITS 
you  by  remaining.     I  am  respectfully  and  truly  yours.  ac. 

C.  C.  CLAY,  Jr. 


Washington  City,  Feb,  4,  lMtil 
HON.  C.  0.  Clay,  Jr.: 

I  acknowledge  the  receipt  of  your  note  of  the  2nd  insi .,  enclos- 
ing the  correspondence  between  yourself  and  bis  IOxcellency 
James  Buchanan,  President  of  the  United  States,  relating  to  my 
mission  SS  Commissioner  for  the  State  of  Alabama. 

The  President  declines  to  give  me  an  audience  in  the  only  char- 
acter in  which  I  sought  it,  as  Commissioner  for  the  State  of  Ala- 
bama, and  thereby  refuses  to  receive  any  propasals  from  that  State, 
for  a  settlement  relating  to  the  public  debt  of  the  United  States, 
contracted  whilst  Alabama  was  a  member  of  that  Confederacy,  and 
relating  to  the  property  in  the  possession  of  Alabama,  which  be- 
longed to  the  United  States  of  America  before  the  withdrawal  of 
Alabama  from  that  Union. 

From  this  course  of  the  President,  it  is  to  be  presumed  that  he 
has  abandoned  all  claim,  or  resolved  not  to  make  any  in  his  official 
character,  to  that  property  in  behalf  of  his  Government;  or,  that 
repelling  every  offer  of  amicable  adjustment,  he  desires  that  it 
shall  be  retaken  by  the  sword. 


THE  CONVENTION  OF  ALABAMA.  455 

But  no  matter  what  motive  lias  prompted  his  unexpected  treat- 
ment of  me,  I  should  be  wanting  in  proper  reverence  for  my  State, 
and  proper  appreciation  of  my  present  relations  to  her,  to  sue  for 
peaceful  negotiations,  since  tin-  right  of  Alabama  to  send  me,  and 
my  right  to  speak  for  her,  have  been  denied.  And  if  negotiation 
istosettleour  difficulties, touching  these  Forts  and  Arsenals,  it  must 
be  proposed  by  the  President,  to  the  Governor  at  her  Capitol — 
whither  I  shall  go  and  report  the  result  of  my  mission. 

Whilst  I  regret  this  action  of  the  President,  it  is  gratifying  to 
know  that  the  State  of  Alabama,  by  her  prompt  efforts  to  do  that 
justice  in  the  premises  which  has  been  thwarted  by  him,  will  stand 
justified  belbre  the  world. 

That  State  having  now  been  placed  right  upon  the  record — and 
under  the  circumstances,  nothing  more  remaining  for  me  to  ac- 
complish as  her  Commissioner — my  mission  ceases  with  this 
letter. 

Permit  me  to  return  you  my  thanks  for  the  valuable  aid  you 
have  rendered,  in  endeavoring  to  advance  the  objects  of  my  mis- 
sion, and  believe  me  to  be, 

Very  truly  your  friend  and  ob't  serv't, 

THOMAS  J.  JUDGE. 


MR.  CLAY  TO  THE  PRESIDENT. 

BBOWN'S  IIOTKL,  | 

Washington,  Feb.  5,  1S61.  j 

lb., i.  James  fiiichaunii. 

President  <>/  ike  United  States  <>/  America  ; 

Sir — 1  submitted  my  note  and  your  reply  touching  the  mission 
of  the  lion.  T.  J*.  Judge,  to  him  for  his  consideration,  ami  g<  mi 
you  herewith  a  copy  of  his  response.  ^  on  will  see  thai  he  declines 
to  address  you  on  the  subject  matters  of  his  mission,  beeause  he 
regards  your  note  to  me  as  closing  the  door  against  him.  a^  Un- 
representative of  Alabama,  and  repelling  any  oilers  she  may  ha\e 
to  make  at  the  very  threshold. 

I  am  sure  that  you  desire  peace  with  all  the  world,  ami  esj  I  oial- 

\j  with  those  States  which  have  seceded  from  the  Union.  You 
profess  to  claim,  or  holds  forts  and  Arsenals  in  those Statei,  only 
as  property  of  the  United  States,  that  you  are  bound  to  take  care 
of.  It  is  therefore,  matter  of  surprise  and  regret,  that  you  not 
only  refuse  to  trust  the  people  of  those  States  with  such  property 
in  their  own  limits  and  intended   lor  their   benefit,  but  pursue  a 


t"><>  HISTORY    AND    PENATES    OF 

course  t<  nding  to  destroy  thai  property  and  to  break  the  peace  be- 
tween your  Government  and  those  states.  If,  recognising  the  right 
n.  yon  had  received  Mr.  Judge  as  Commissioner  frees  i 
foreign  State,  and  had  sent  lii^  proposals  to  the  Senate  with  ftnt 
approval  or  objection ;  or,  denying  that  right  yon  had  submitted 
his  proposals  to  <'■  •  those  ofi  Oommissioner  from  a  state 

of  the  Union  ;  possibly  the  independenee  of  the  State  might  b 

a  acknowledged,  and  a  treaty  with  it  formed,  or  denying  itsin- 
adence,  Congress  might  have  agreed  to  she  sale  and  retrooes- 
rjf  the  disputed  places.  At  all  events,  it  would  have  relieved 
vnu  of  the  responsibility  yon  hsve  sseunx  d.  of  not  only  refusing 
to  entertain  a  peaceful  proposition  from  s  seceding  State,  but  of 
preventing  Congress  from  receiving  it.  I  Bee  nothing  in  the  I 
stitution  forbidding  the  course  I  suggest,  either  on  your  part  or 
that  of  Congress.  It  would  not  have  compromised  your  duty  m 
the  rights  of  the  I  taited  Slat 

Certainly  the  lands  for  Porta  Morgan  and  Gaines,  and  for  Mount 
Vernon  Arsenal,  were  ceded  to  the  United  State-  tor  the  erection 
it'  such  ••  needful  buildings"  fur  the  defense  and  protection  of  the 

pie  of  Alabama.     Pox  what  other  purpose  should  the  Govern- 
ment ^\'  the  United  States  held  them?      But  it  is   tOO   late,  if  nut 

improper,  to  pursue  the  argument 

Alabama  has  vindicated  her  integrity  t<»  the  world.     8h< 
her  Commissioner  here  to  purchase  the  property  which  her  people 
prefer  to  hold  in  their  own  defence.     It  is  now  oaeleea  bo  your 

Government,   except    to   injure   them   or    their    allies    Off    friends 

Knowing  these  facta,  they  wire  righl  to  seize  it,  and  are  magnan- 
imous to  offer  to  pay  to  your  Government  the  amount  it  cost.  They 
cannot  misunderstand  your  course  in  refusing  to  receive  their  Com- 
missioner: that  yon  deny  their  right  to  take  their  destiny  in  their 
own  bands,  or  to  defend  themselves  egeiost  the  Government  of 
the  United  State-,  or  to  resist  its  authority,  and  that  you  mean  to 
control  their  action  by  military  fori*. 

Their  Governor  advised  you,  as  soon  as  possible  after  theaeia 
ure  of  the  furi>  and  arsenals,  "that  it  was  dune  by  his  ordentb 

make  the  000088100  of  Alabama  peaceful,  and  to  prevent  ydttf  rcin- 

forcing  those  places,  and  Bhedding  the  blood  and  sacrificing  the 
lives  of  her  people  En  ondeavoring  to  maintain  the  authority  of 
four  Government  over  them."  Subsequent  events  have  proven 
his  wisdom  and  fur.  east.     Ymir  transfer  of  troops  from  Northern 

and    Western    porta  to  this   city,  and   to  all   Southern   forts  where 

you  apprehend  that  the  people  might  take  them  for  their  defence, 
iu  secure  peaceful  secession)  shows  your  inclination  to  keep  them 

fur  their  coercion  and  to  prevent  peaceful   secession.      The   frown- 


THE  CONVENTION  OF  ALABAMA.  4.">7 

ing  artillery  and  armed  men  brought  to  the  unaccustomed  view  of 
the  people  of  Maryland  and  Virginia,  of  Charleston  and  Pensaco- 
la,  are  just  causes  of  offence  to  those  who  esteem  themselves  free 
citizens — not  subjects,  masters  or  servants  of  Government 

The  free  people  of  Alabama  will  not  consent  that  places  of  pow- 
er granted  by  them  to  Government  for  their  defence  against  insur- 
rection and  invasion,  shall  be  used  in  aid  of  their  invasion  and 
subjugation.  They  regard  the  uses  now  made  of  Forts  Pickens, 
Sumter.  McHcnry,  and  others  in  Southern  States,  as  a  gross  abuse 
of  the  people  and  trust — a  plain  ursurpation  of  ungranted  power. 
And,  be  assured,  that  the  men  of  the  South  will  not  long  endure 
this  constant  menance  of  the  power  of  your  Government,  or  suffer 
it  to  stand  sentinel  over  their  door-ways,  with  presented  arms,  rea- 
dy to  challenge  themselves  or  their  friends,  or  to  dispute  their  in- 
gress or  egress.  The  instincts  of  mere  brute  nature,  no  less  than 
the  noblest  sentiments  of  humanity — self-preservation,  patriotism, 
honor  and  pride  of  independence — conspire  against  such  deliberate 
insult  and  persistent  menace  of  injury.  If  not  surrended  for  the 
defence  of  the  people  against  your  standing  army,  they  must  and 
will  take  them  at  every  hazard  and  any  sacrifice. 

Those  States  that  have  seceded  will  never  unite  with  the  North- 
ern States  under  a  common  government.  The  idea  is  preposter- 
ous— the  ground  is  hopeless.  There  has  been  constant  and  in- 
creasing strife  I  let  ween  t  hem  for  more  than  a  quarter  of  acentun  . 
They  differ  so  widely  in  principles  and  sentiments,  in  morals,  in 
manners,  religion  and  politics,  as  well  as  social  institutions  and 
habits,  thai  the  world  Knows  they  are  different  and  uncongenial 
t)  pea  of  civilization. 

Thej  haw  long  seen  and  felt  it,  and  cannot  have  a  motive  foi 
living  together  that  is  not  purely  selfish  and  mercenary.  I  trusl 
and  believe  they  will  hereafter  form  separate  and  distinct  govi 
ments,  in  which  they  cannot  love  each  other  less,  or  harm  i 
other  nmre.  than  under  a  common  government.  The  people  ol 
Alabama  believe  their  rights  will  be  better  respected  bj  the  New 
land  and  other  Northern  States,  when  out  of  this  Union,  than 

they  have  been  in  it.     The  com >,  prevalence  in  the  South  ol 

this  opinion  will  forever  prevent  the  rebuilding  of  the  old  I  Dion. 

With  your  knowledge  of  the  bistor]  of  the  United  Si 
the  unhomogeneous  characters   of -the   Northern   and   S 
peoples,  yon  must   agree  with  dm  that  man  will  never  witi 
the  i  tion  of  the  Union.     Then,  whj  hold  forts  and  I 

troop-  in  the  seceded  States,  if  not   to  disturb  ns  ?     Win  not 
take  the  purchase  money  offered  for  them  .'     Left  to  your*  h 
I  think  you  would  withdraw  \  our  garrisons  and  sell  us  the  torts  ; 


l.'i^  HI8T0KY    AND    1>KII  VI  Ks    01 

for  you  ]>r;i\  for  peace  and  protect  against  coercion,  fake  oare 
that  roar  councils  do  not  compromise  yoar  donor  and  yoar  char- 
act.  r  b>  evincing  uses  of  those  stronghold*  at  variance  with  yoar 
praj  era  and  proa ata. 

A  superannuated  aoldier,  whose  vanity  and  ignorance  hate 
aaver  (ailed  to  provoke  contempl  whenever  he  essays  to  play  the 
statesman,  is  not  oompetent to  advise  you.  Neither  is  a  men 
jurist  and  scholar,  who  lias  lived  ;i  recluse,  and  knows  less  of 
Living  and  feeling  men  than  of  dead  Languages  and  abstract  sai- 
eaeea.  Trust  yoar  own  judgment  and  feelings,  and  I  think  von 
will  correct  the  errors  thej  have  committed  by  transferring  your 
troops  from  Southern  States — where  theg  can  011I3  exeite  suspi- 
cions and  heartburnings,  and  make  enemies  of  those  who  should 
befriends — to  the  western  frontier,  where  war  is  being  carried 
on  against  citizens  of  the  I  nited  Stab  -. 

Hoping   that  Lr""d  may  conic  out  of  Seeming  SVil,  and  that  wc 

;na\  not  be  precipitated  into  war  bj  your  preparations  to  prevent 

it,  and  wishing  y<>u  the  peace  and   tranquility  in  your  retirement 

that  lolloWs  gOOd  deeds. 

I  have  the  honor  to  he, 

Respectfully  and  trul\ . 

^>  our  friend  and  obt  servant. 

C.  C.  CLAY,  Ja. 


RESOLUTIONS  OF  THE  LEGISLATIVE  OF  NEW 
FORK. 

To    His   Exalhiaij    Ainlnir    /!.    MoOTi .   < tOVi  rm>r  <;/'  the  Stoti   <>J 

Ahbomtrt  Montgomery  : 

Statk   OF    Nkw    Viiuk.  E\i-:<  i  n\  i:    1  )ki'.\i;tmknt.  ) 

Ai.uanv.  January  11.  MMH.      f 

Sir — In  obedience  to  the  requeel   of  the   Legislature  of  this 

State,  I  transmit  herewith  a  copy  of  the  concurrent  resolutions  of 
that   Body,  adopted  this  <la\ .  tendering  the  aid  of  the  State  to  the 

President  of  the  United  States,  to  enable  him  to  enforce  the  laws 
and  uphold  il"'  authoiiiy  <>f  ihc  Federal  Government. 

1  have  the  honor  to  he  VOUr   Excellency's  Ohd't  Serv't, 

EDWIN  1).  MOKGAN. 


THE  CONVENTION  OF  ALABAMA.  450 

Concurrent   Resolutions,   tendering  aid   to   the   Presidoit   of   the 
United  States,  in  support  of  the   Constitution  and  the  Union  : 

State  of  New  York,  In  Assembly,  ) 
January  11,  18G1.      ) 

Whereas,  Treason,  as  defined  by  the  Constitution  of  the 
United  States,  exists  in  one  or  more  of  the  States  of  this  Confed- 
eracy, and 

Whereas,  The  insurgent  State  of  South  Carolina,  after  seizing 
the  Post-Office,  Custom-House,  moneys  and  fortifications  of  the 
Federal  Government,  has.  by  tiring  into  a  vessel,  ordered  by  the 
the  Government  to  convey  troops  and  provisions  to  Fort  Sumter, 
virtually  declared  war  ;  and  whereas,  the  forts  and  property  Ot 
tae  United  States  Government,  in  Georgia,  Alabama  and  Louisi- 
ana, have  been  unlawfully  seized,  with  hostile  intentions;  and 
whereas,  further,  Senators  in  Congress  avow  and  maintain  their 
treasonable  acts;   therefore. 

Hisideed,  (If  the  Senate  concur,)  That  the  Legislature  of  New 
York,  profoundly  impressed  with  the  value  of  the  Union,  and  de- 
termined to  preserve  it  unimpaired,  hail  with  joy  the  recent  firm, 
dignified  and  patriotic  Special  Message  of  the  President  of  the 
United  States,  and  that  we  tender  to  him,  through  the  Chief  Ma- 
gistrate Of  our  own  State,  whatever  aid,  in  men  and  money,  hi 
may  require,  to  enable  him  to  enforce  the  laws  and  uphold  the 
avthority  of  the  Federal  Government.  And  that  in  defense  Of 
••  the  more  perfect  Union."'  which  has  conferred  prosperity  and 
happiness  upon  the  American  people,  renewing  the  pledge  given 
and  redeemed  by  our  Fathers,  we  are  ready  to  devote  ''  our  tor- 
tunes,  our  lives,  and  our  sacred  honor,"  in  upholding  the  Union 
and  the  ( ionstitution. 

Resolved,  (If  the  Senate  concur.)  That  the  Union-loving  Re- 
presentatives and  citizens  of  Delaware,  Maryland,  Virginia. 
North  Carolina,  Kentucky.  Missouri  and  Tennessee,  who  labor 
with  devoted  courage  and  patriotism  to  withhold  their  States 
from  the  vortex  ofseeession,  arc  entitled  to  the  gratitude  and  ad- 
miration of  the  whole' people. 

Resolved,  (If  the  Senate  concur,)  That  the  Governor  be  res- 
pectfully requested  to  forward,  forthwith,  copies  of  the  foregoing 
resolutions  to  the  President  of  the  Nation,  and  the  Governors  ot' 

all  the  States  of  the  Fnioii. 

The  preceding  preamble  and  resolutions  were  duly  passed, 
Bj  order        H.  A.  RI8LEY,  ('ikkk. 

In  Senate.  January  11,  I^<>1  :  The  preceding  preamble  and 
resolutions  Were  duly  passe,]. 

By  order        JAMF.s  TERWILLIGER,  Cunw. 


160 


FTISTORl      AND    DKIUTES    OF 


RESIGNATION  OFMEMBERS  OF  CONGRESS. 

Tin-  President  announced  thai  he  had  received  communi< 
from  the  II mi.  Thomas  Fearn  and  die  Hon.  I).i\iil  P.  Lewis,  Pep 
utirs  (u  tin-  Confederate  Congress,  from  the  State  of  Alabama- 
tendering  their  resignation, 

Mr.  J)\k(.an  offered  the  following  resolution: 

Resolved,  That  in  accepting  the  resignation  of  Mr.  Thomas 
Foam,  and  Mr.  David  r.  Lewis,  two  of  our  Delegates  to  the 
i  '"li-i-css  of  the  I  Jonfederate  States  of  America,  this  Convention 
would  express  ita  entire  and  lull  approval  of  the  course  they  have 
pursued  in  said  Congress,  so  far  as  the  same  has  been  made  pub- 
lic, and  tender  to  them  our  thanks  for  the  good  results,  owing 
part,  to  their  labors. 

Mr.  I5i:.\i;i)  said  : 

Mr.  President — 1  reel  constrained,  from  a  sense  of  duty,  to 
make  a  few  remarks  upon  tha  resolution  now  under  discussiou. 
No  man  in  this  State  better  deseryes  the  compliment  whicji  thai 
resolution  contains,  than  does  Thomas  Fearn;  and  perhaps  uo 
individual  in  this  State  knows  as  well,  or  better,  the  part  be  has 
played  in  this  great  Revolution  than  1  do.  I  have  been  honored 
with  his  confidence ;  intimate  personal  and  political  relations  have 
existed  between  us  far  more  than  twenty, years.  We  have  be- 
longed to  tin'  same  political  p.irtv  :  we  were  both  opposed  to  the 
policy  of  separate  State  igoession  ;  but  alter  the  passage  of  the 

(  'rdinanee,  J  wrote  him  a  letter,  in  whieh  I  requested  him  t,,  ad- 
use  me  as  to  my  future  course.  In  reply,- he  urged  m  )  to  BUS 
tain  tin'  State  in  the  position  she  had  taken,  assigning,  as  a  rea- 
son, that  We  owrd  our  iirst  and  paramount  allegiance  to  our  State. 

and  that  as  Alabama  was  now  the  only.  I  oion  left  to  us,  it  was 

our  duty  to  aid  in  maintaining  it.  No  man  in  the  State  of  Aia 
bama  could  have  brought  more  aid  to  the  Southern  Confederacy, 
more  power  to  allay  the  excitement,  to  overcome  the  preexisting 

prejudices  in  the  minds  of  the  people  of  North  Alabama,  than  he 
•  lid.  Acting  upon  his  suir^estions,  as  well  as  from  a  sense  of 
duty,  when  L returned  among  my  constituents il  told  them  there 
was  no  other  course  or  policy  for  us  t<>  pursue  but  to  acquiesce  in 
the  action  of  the  Convention;  that  violently  and  ardenlh  as  I 
had  been  opposed  to  the  passage  of  the  Ordinance,  I  now  ostwid- 


THE  CONVENTION  OF  ALABAMA.  461 

ered  it  a  settled  question,  that  it  was  no  longer  debatoable.  It 
was  the  Organic  Law  of  the  land,  and  We,  as  good  and  patriotic 
citizens,  were  bound  to  sustain  it.  I  say  now.  that  the  Constitu- 
tion which  we  adopted  yesterday  for  the  Confederate  States  of 
America,  is,  to  my  mind,  a  satisfactory  evidence  that  Thomas 
Feani  has  played  a  conspicuous  and  influential  part  in  its  prcpar 
ation  and  adoption.  Many  of  the  provisions  of  that  oonservative 
instrument  were  suggested  in  his  letter  to  me.  1  might  add, 
that  the  sentiments  contained  in  that  letter  induced  his  nomina- 
tion by  me,  and  his  election  by  the  Convention. 

I  hope,  therefore,  that  the  resolution  offered  by  the  gentleman 
from  Mobile  [Judge  Dargan]  will  receive  the  unanimous  vote  of 
this  Convention. 

Mr.  DXrQAn's  resolution  was  adopted. 


ELECTION  OF  DEPUTIES. 

Hon.  Xii'ii.  Davis,  of  Madison,  was  elected  to  fill  the  vacancy 
created  by  tin  resignation  of  Mr.  Eearn  ;  and  Hon.  1  IenkY  C. 
Jones,  of  Lauderdale,  was  elected  to  till  the  vacancy  created  by 
the  resignation  of  Mr.  Lewis. 


BNDOR6EMENX   OF   THE    ACTION    OF  THE    PRESI- 
DENT AND  VICEJPRE8IDENT  OF  THE  CONFEDER- 
ATE STATES. 

<  >n  Tuesday,  March  12,  Ma.  Cochran  offered  the  following  re 

solution,  which  was  unanimously  adopted: 

Resolved,  That  the  ejection  of  Jefferson  Davis.  President* and 
Alexander  11.  Stephens,  as  Vice-President  of  the  Provisional 
Government  of  the  Confederate  States  of  America,  meets  with 
the  approval  of  this  Convention,  and  the  same  is  hereby  full} 

ratified  by  the  people  <>f  Alabama. 


VISIT  TO  THE  PRESIDENT. 

On  the  7th  day  of  March,  Mis.   CBOOK   introduced  ihe  follow- 
ing resolution,  which  was  adopted  \ 


!''>•.!  UWOttt     \ni.    DIBAVM 

rri/.  Tli.it  the  President  of  this  Convention  be  req 
to  inform  the   President  of  the  Confederate  Si  I  it  is  the 

desire  of  'liis  (,\>n\ cntioii  to   call   «»n   him  iii  a  body,  ;il  BUofa  time 

as  hi'  mas  designate. 

On  tlif  11. At  .lav,  the  President  of  t li>-  Convention  ami' 
that,  in  pursuance  <»t'  the  resolution  of  yesti  rday,  he  ha. I  called 
upon  the  President  of  the  Confederate  States,  who  expressed  hi* 
gratification,  and  would  willingly  receive  a  caU  from  the  ( '>  m  \fii- 

M. .11,  in   a  body,  at   such    time  an. I    plsoe   as   might   suit  that 
vcnti..ii. 

Mk.  Mi  i'ciiKt.i. '"•'•  moved  that  a  Committee  of  three  be  ap- 
pointed to  make  the  necessary  arrangements  for  the  reception  of 
the  President  ;  which  was  adopted — and  Messrs.  .Mitchell,  Dear. I. 
and  Clarke*  of  Matengs  were  appointed  the  Committee. 

On  Saturday,  the  9th,  -Mr.  Mitchell,  from  the  Select  Committee 
of  throe,  reported  that  arrangements  ha. I  been  made,  in  accord* 
an..-  with  instructions  given  t<>  the  Committee,  t<>  carry  oat  the 
desire  of  the  Convention  to  call  upon  the  President  of  the  Cos^ 
federate  States,  in  a  body.  President  Davis  would  •»•  pleased  to 
see  the  members  of  the  Convention,  on  Monday  night,  at  9 
o'clock.  The  Delegates  to  the  Convention  will  meet  at  the  Bi 
change  Hot*]  reading-room,  at  s'  o'clock.  They  will  be  called 
to  order  by  Mr.  President  Brooks,  and  will  proceed  in  a  body  to 
the  reception  parlor  of  President  Davis,  when  the  Presiding  Of 
..i'  the  <  invention  will  introduce  each  member  to  the  Prosit 

■  lellt    of    tile   (  'ollt'clerate   Sta' 

Mr.  Mitchell  also  reported  that  the  Committee  Would,  at  ano- 
ther time,  communicate  to  the  Convention  the  time  and  place 
when  Yiee-l'resi.irnt  Stephens  would  he  visited  by  the  mtmbets 

in  a  body. 


•;  11>. ii,  ( !,  B.  Mitchell,  who  had  ben  .Ir.i.il  Brom  tin-  county  of  Mootgoav 
ery,  to  till  the  vacancy  created  by  the  resignation  of  the  Hon.  Win.  L.  Yan- 
cey, was  introduced  by  Mr.  Watts,  his  collca-iic,  and  took  his  scat  in  the 
Convention,  on  the  7th  of  March. 


THE  CONVENTION  OF  ALADAMA.  403 

On  the  night  indicated,  the  members  called,  in  a  body,  and 
were  introduced  by  their  President.  Most  of  the  Cabinet  were 
present,  and  several  of  the  members  of  the  Confederate  Congress. 

This  visit  to  the  President  was  one  of  the  most  agreeable  inci- 
dents of  the  Convention.  To  the  address  of  Mr.  Brooks,  Presi- 
dent Davis  made  a  short  and  appropriate  response,  conceived  in 
the  most  patriotic  spirit,  and  expressed  in  fervent  and  vigorous 
language. 

The  President's  mode  of  speech  is  graceful,  earnest  and  per- 
suasive. With  a  deep,  sonorous  voice,  is  blended  a  happy,  em- 
phatic gesticulation,  and  a  posith  eness  of  manner,  so  that  the 
hearer  is  at  once  struck  with  the  speaker's  sincerity. 

But  few  of  us  had  ever  seen  or  heard  him  before,  and  all  were 
delighted,  as  well  with  the  glowing  ardor  of  his  sentiments  as  the 
determined  tone  of  his  resolution. 

It  Mould  seem  that  the  formalities  of  such  an  introduction 
would  be  heavy,  clumsy  and  awkward.  The  contemplation  of 
an  hundred  men.  arrayed  ill  a  sort  of  military  phalanx,  marching 
up  in  couples  to  be  introduced,  one  by  one,  to  the  President,  was 
indeed  enough  to  provoke  a  smile  from  the  mischievous  and  the 
courtly;  but  this  beautiful  speech  broke  the  rude  shackles  of  for- 
mality, and  the  coi-dial  attentions  of  the  President  to  his  guests, 
dispelled  the  last  feeling  of  the  restraint,  and  imparted  to  each 
person,  as  it'  by  some  magnetic  influence,  the  gracefulness  and 
ease  which  distinguished  his  own  dignified  demeanor.  For  an 
hour  the  Chamber  of  Reception  was  the  scene  of  the  liveliest 
animation;  and  the  conversation,  turning  mainly  upon  the  topic 
of  Southern  Independence,  and  the  novel  position  of  the  young 
Republic,  whs  characterised  by  the  free  expression  of  thosi  exult- 
ant Opinions,  which,  though  nol   clamorous,  are   at    one.'  the    l.est 

indications  of  a  deliberate  determination,  and  the   surest   fori 
runners  ofsuco  as. 

It  was>  very  beautiful  for  a  patriot  t<>  note  and  meditate  upon 
this__assi.'iii-Uy .  composed  of  men  s<>  lately  oT  antagonistic  opin- 
ion as  to  policy,  now  all  binding  their  hearts  and  minds  to  the 
one  colnnion  end — the  Independence  of  the   Republic;  and  enter- 


l'i  I  rOBt    ASH    DBS  LTKB    OF 

iminon  league,  not  of  words,  i>ut  of  i. 

ill  their  i  I  i  the  pcrpotuation 

of  their  Institutions,    and    t«>  til''    preservation   of  •'..■ 
Lib*  • 

were  many  ladies  present   upon  this   occasion,  distin- 
led  n<>t  more,  by  beauty  and  grace  than  by  the  lively  int • 
exhibited  in  the  sjirring  of  the  tim<  s,  a;,. I  their  eager 

readiness  to  aid  in  pushing  on  th6  Revolution  to  sue* 
This  Reception  was  closed  around  a  convivial  and  festive  table, 
id  in  true  Republican  style,  with  plenty  to  cat  and  drink,  but 
with  no  nark  of  courtly  splendor. 
The  Vice-President,  M  .  Btephena,  made  his  appearance,  waA 
Bted  frona  the  hearts  of  the  guests,  and  responded  in  an  appro 
priatc  speech,  which  was  eloquent  in  its  «  i j » 1  i < •  i t y  . 


INDEX. 


African  Slave-Trade 149,  104,  194 

Alabama  Secede.*  from  the  Union 11s 

Flagof ll'.t,  US 

Bauer,  ol  Barbour : 

Returns  thanks  to  the  ladies  for  Flair 120 

Bakek,  of  Russell : 

Resolution  for  open  Sessions 4,1 

Speech  on  the  same 1" 

':         on  Ratification  of  Constitution 366 

"         on  Council  of  Stale '. .  Wl 

Barry,  Hon.  Wm.  S.,  President  Mississippi  Convention: 

Dispatch  from 75 

Beard,  lion.  A.  C. : 

Speech  on  Ordinance  of  Secession 102 

"      on  Dr.  Fearn"s  resignation N0 

Beck,  Hon.  F.  K. : 

Speech  against  Coercion M 

on  Council  of  State 101 

Brao«,  Hon.  Jno. : 

Resolutions  in  reference  to  Collector  of  Mobile 12& 

Report  on  same  subject 13.'t 

Speech  against  excluding  members  of  the  Convention  from 

election  to  Congress l.'l 

30 


II  ISPKX. 

liiiKWER,  S.  P.,  Temporary  Secretary 

Bkooks,  Hon.  Win.  M.: 

Beeted  President 23 

■peeoh agaiaal  Withdrawing  Troops  from  Florida 215,219. 

lutionol  Thanks  to 204 

His  Farewell  Speech 2C5 

Bt  i.i;kr,  Hon.  M.  J. : 

Resolutions  on   Federal  Relations "h"> 

Speech  on  Ordinance  of  Secession IM 

Proposed  to  elect  Deputies  to  Coegreea,  by  People 11" 

Speech  on  Resolution  against  Coercion 193 

on  Ratification  of  the  Constitution 

Kl'Forp,  Hon.  Jeff  ! 

Speech  on  the  Legitimate  powers  of  the  Convention -lkU 

BVUOCH,  Hon  E.  C: 

Commissioner  to  Florida 

Diepetellte  from u 

His  Report  as  Commissioner 113 

<  'ai.imi  \,  Hon.  .1.  If.  : 

Commissioner  to  Texas 

His  Report 199 

Cai.ium 'n.  Hon.  A.  P. : 

Commissioner  from  South-Carolina 

His  Speech  hi  I  be  Convention '11 

Cadets  of  Uuiveruity  : 

Reception  and  Review  of. 183,  LSI 

Chilton,  Hon.  Win.  P  : 

Klecled  Deputy  to   OeejfTeM 1»*>1 

I'-i.AKkK.  Hon.  W.  E.,  hi  Marengo: 

Speech  on  Conliscation 1M 

•'       on  Public  Lands 313,815 

Ci.akk,  Jlon.  .lames  S.,  of  Lawrence  : 

Speech  on  Applause  in  the  (Galleries 1"> 

"       Against  Secession 31,183 

"       on  Ratification  of  the  Constitution 326 


INDEX.  In 
Clopton,  Hon.  David  : 

Commissioner  to  Delaware gg 

His  Report .«. 

Clemens.  Hon.  Jere : 

Speech  on  Whatley's  Resistance  Resolutions 0 

On  sending  Troops  to  Florida _-)() 

Minority  Report  on  Secession -~ 

Speech  on  Secession ,.,. 

H     against  excluding  members  of  the  Convention  from 

being  elected  to  Congress ijjc 

•  on  sending  Commissioners  to  Washington 10G 

•  on  Withdrawing  Troops  from  Florida 211-220 

Coleman.  Hon.  A.  A. : 

Resolution  against  Coercion ,-)7    ign 

to  suspend  Collection  of  Debts I-;;, 

Cochran,  Hon.  John  : 

Resolutions  Requesting  information  from  Governor 2f> 

To  Compliment  the  Governor <3j 

Speech  on  Sending  Troops  to  Florida 5j 

"     on  the  Power  of  Taxation '(nr( 

Convention  : 

Resolutions  calling ,, 

Time  of  convening .,, 

Proclamation  for .^ 

Second  Session  of. 0 ,, 

Visit  to  the  President  in  a  Body J0J 

Confiscation 

1 7J 

' '"iviies : 

Size  ol,  Proposed  to  be  Changed ,,-,,, 

1  "'TER,  Hon.  Win.  : 

Commissioner  to  Missouri 

■to  Report M 

mi'lkk.  Hon.  Albert  : 

Speech  on  the  Ordinance  of  Secession ,„-, 

I  Mtt,  II. m.  Jn..    M 

Speech  on  Coercion ,,,. 

Resolution  to  Visit  the  President ,i(1 


1\  IMiKX. 

Coman,  Hon.  J.  P. : 

Bpeacfc  on  Ratification  of  Constitution .'I~>1 

<   i  RET,  Hon.  J.  L.  M. : 

Commissioner  to  Maryland 

Hi>  H.port 100 

His  Letter]  with  Hon.  .Mr.  Pugfa,  to  the  Convention 125 

Elected  Deputy  to  Congress IG1 

Dakgav.  Hum.  i:.  8.: 

Speech  on  Secession 

Resolution  to  accept  Flag 126 

Report  of  $1,000,000  Loan,  and  Speech  on  same 12:* 

•'     Commissioners  to  Washington 166 

"     African   Slave-Trade I  •>  I 

•      l'ower  of  Taxation 292,  299,  301 

Speech  on  Ratifying  the  Constitution 

Davis,  Hon.  Nich. : 

Resolution  to  submit  Ordinance  of  Secession  to  the  People..  56 

Speech  on  Resolution  against  Coercion 78 

on  the  Ordinance  of  Secession 110 

Elected  Deputy  to  Congress 461 

Detities  elected  : 

To  Congress 168 

To  Convention — names  ol *.'  1 .  22 

Dowdeli.,  Hon.  JF,  V.  : 

Speech  against  Secret  Sessions 17 

Resolution  on  the  Navigation  of  the  Mississippi  [Liver 174 

Speech  on  Coercion  Resolution 190 

"       on  Citizenship 223 

"       on  African  Slave-Trade 255-253 

C.  u:\ksi  ,  Hon.  Wm.  S.  : 

Speech  on  Coercion  Resolution ill) 

"     on    Ratification 33t> 

Report  on  Engrossing  Ordinance  of  Secession  on   Parch- 
ment   173 

Edwards,  Hon.  Wm.  M. : 

Speech  on  Secession 104 


INDEX.  V 

ELMORE,  Hon.  John  A. . 

Commissioner  to  South-Carolina 35 

His  Report 3S9 

Kow  leu.  \Vn:.  A. : 

Elected  Secretary 23 

His   Resignation L28 

Resolution  Complimentary L29 

Flag  of  Alabama,  presented  by  Lad  its 119 

Sonnet  to  same 1  22 

Feaun.  Hon.  Thos  : 

Deputy  to  Congress — Resigns 160 

Mr.  Heard's  Speech  on  his  Resignation lii 

Florida : 

Troops  sent  to 50 

Secedes 9Q 

Gilmek,  Hon.  F.  M. : 

Commissioner  to  Virginia .';."> 

Garrett,  Hon.  J.  J. : 

Commissioner  to  North  Carolina :;."> 

Gibbons,  lion.  Lyman  : 

Speeches  on  the  Power  of  Taxation 295,  303 

(ii;EK\,  Hon.  Jno.  : 

Speech  on  Secession 98 

Government : 

Report  for  Provisional  and  Permanent 13G 

Debate  on  the  same I.'i7  l  I" 

Hale.  Boa.   S.  F.  ; 

Commissioner  to  Kentucky :;."i 

His  Be  port 

Ill  NDI  ftftOH,  nl   Maeon  : 

Resolutions  to  send  Commissioner!  to  Arisoais 1 24 

Ordinance  for  a  Council   nl    State ]2!i 

Speech  on  Divorce 


m  isnr.x. 

Heknimn,  Hon.  T.  II  : 

Motion  to  Amend  Ordinance  of  ( litizenship V2H,  10" 

Horn.  A.  <J. 

Temporary  Secretary 19 

Elected  Principal  Secretary I-'.' 

Resolution  Complimenting 


■  .-., 


HopKIRS,  lion.  A.  P.  : 

Commissioner  lo  Virginia .'>'•"> 

Ih  i;i!ARD,  Hon.  David  : 

Commissioner  to  Arkansas '!."» 

His   Report M3 

MiMriiRiKs,  Hon.  II.  G.: 

Calls  the  Convention  to  Order !'.' 

Speech  on   Power  of  Tun  at  ion MS 

In/.er,  Hon.  Jno.  W. 

Speech  on  Secession '■>' 

Introduction.  Historical '.» 

Jemison,  Hon.  R.,  Jr.  : 

Voted  for,  for  President  of  Convention J.': 

Resolution  to  ('lose  Doors I'l 

Speech  on  Coercion  Resolution 98 

Speech  on  Secession 'XI 

Motion  in  regard  to  the  Formation  of  a  Permanent  Govern- 
ment   l'!i» 

Resolution  to  Submit  same  to  a  Convention  of  the  People...  1  11 

Speech  OD  Election  of  Deputies  to  Congress lf>0 

On  Commissioners  to  Washington 17'-' 

On  "Withdrawing  Troops  from  Florida 218,  220 

On  the  Power  of  Taxation -2!)S 

Resolution  to  Refer  the  Permanent  <  'onstitution  lor  Ratifica- 
tion to  a  Convention •'!'-' 

Speech  on  Ratification  of  the  ( 'onstitution 'i'l'.i 

If.wett,  Hon.  0.  S. : 

Speech  on   Permanent  Constitution 138,  111 

On  Public  Lands 311,  3l« 


INDEX.  VII 

Jones,  Hon.  H.  C,  of  Lauderdale  : 

Speech  on  Secret  Sessions IS 

On  sending  Troops  to  Florida •")! 

On  Resolution  against  Coercion 65 

Ob  Secession 06 

On  Confiscation 177 

His  Substitute  for  Ordinance  on  African   .Slave  Trade 194 

Speech  on  same ••••....  206 

Substitute  Adopted 264 

Elected  Deputy  to  Southern  Congress 461 

JoHSSOIT,  Hon.  N.  D.  : 

Speech  on  Coercion  Resolution ~>8 

on  Secession 100 

on  African   Slave-Trade 262 

on  Size  of  Counties 200 

.li-iiRK,  Hon.  T.  J.  : 

Commissioner  to  Washington — His  Report 152 

Kimball,  lion.  A. : 

Speech  on  Sending  Troops  to  Florida ">1 

"       On  Secession 99 

Resolution  of  Thanks  to  President  Brooks 2<i.r> 

Speech  on   Ratification 325 

Li:wis.  Hon.  D.  P.: 

Speech  on  Confiscation ITS,  182 

Elected  Deputy  to  Congress 161 

Marly,  Rev.  Basil:   His  Prayer 20 

Matthews,  Ex-Governor : 

Commissioner  from  Mississippi 92 

Addresses  the  Convention ir?u 

M'Ci.anaii  \N.  Hon.  Jno.  M.  : 

Speeofa  oil  Reducing  Sine  of  Counties 273 

MRka,  (Jen.  Colin  : 

Elected  Deputy  to  Southern  Congress nil 

Mississippi  River:     Navigation  of 17) 

Mor<;an,  Hon.  .Jno.  T.: 

Resolution  Restraining  Applause 23 


VIII  INDEX. 

Mokqan,  Don.  Jno,  T. : 

Speech  <>n  Secret  Sessions  and  Applause 15 

oa  Coercion  fteeotutioa 61 

<ui  excluding  Members  of  i lie  Convention  from  the 

9    iilliern  Congress 159 

on  the  African  Slave-Trade 105 

oo  Withdrawing  Troops  from  Florida 21S 

"      oo  Changing  the  Size  of  Counties 

on  the  Power  pf  Taxation 300 

'•      on  the  Ratification  o!  the  Constitution 3"J  I 

Moons,  Hon.  A.  15..  Governor: 

Letter  to,  by  Citizens \U 

His  Reply l'i 

His  Proclamation  for  Convention 17 

Appoints  Commissioners  to  Slave-holding  States 38 

Their  Credentials K 

Letter  to  Mr.  President  BQchanan II 

His  Message  to  Convention -'!i 

PnTTTJSj  Hon.  10.  W.  : 

Commissioner  lo  .Mississippi 35 

Dispatches  from 42 

His   Report H8 

POSKT,  Hon.  S.  C.  I 

Speeeli  on  Secret  Sessions II 

"      on  Resistance  Resolution 90 

"       on   Secession 06 

on  African  Slave-Trade -'IIs 

Pom  i:|f-  Bon.  John  : 

Speech  on  Secession 10(3 

on  African  Slave  Trade 9101  858 

"       on  Size  of  Counties 275 

ri:i:sii.i;vr   ]),mis  : 

Visit  to Ml 

Vice-President  Stephens'  Speech  ;u  Reception t < » I 

Pi  BIJC  I.aniis  ; 

Debate  on '-ill 

l'i  (;ii,  Hon.  J.  L. : 

Communication  to  Convention l-'."i 


INDEX.  IX 

Rai.i.s,  Hon.  John  P. : 

Speech  on  Secession 105 

Size  of  Counties ','74 

Reports  : 

Yancey's,  on  Secession 70 

Clemens'  Minority 77 

nine's,  on  Money  in  hands  of  Mobile  Collectors lTiH 

Committee  of  Conference  on   Relative  Duties  of  the  Con- 
vention anil  General  Assembly 104 

Samobh.  Hon.  J.  W,  A. : 

<  'omniissioner  from  Georgia 71 

Introduced,  and  Addresses  the  Convention 123 

Secession  : 

Ordinance   of. 76 

Engrossed  on  Parchment 70 

Mode  of  Signing 1 

Sheffield,  Hon.  James  L.: 

Speech  on  Secession 10G 

Speech  on  Ratification  of  Constitution 356 

Smith.  Hon.  Win.  R..  ol  Tuscaloosa: 

Speech  on  Resistance  Resolution 25 

"       on  Sending  Troops  to  Florida jJQ 

"       on  Coercion  Resolution  66 

<;      on  Secession :<7 

on   Reception  of  Flag 12(1 

Sonnet  to  Flag 121 

Speech  on  Sending  Commissioners  to  Washington.    , 167 

"      on  Confiscation 17'.' 

"      on  Navigation  of  the  Mississippi lvi'.-!^7 

"       on  African   Slave  Trade ','(10 

on  Watts'  Amendment — same  subject 259 

on  Citizenship 

"      on  Ratification  of  Constitution .':u 

Smith.  Hon.  R.  II 

Commissioner U> North  Carolina 35 

Hi-  Report I  to 

Btected  Deputy  to  Southern  Congress L61 

S. mi  it i,  Franl>  L.  : 

Elected  Assistant  Secretary  23 


X  INDKX. 

Shorter,  lion.  John  Gill  : 

Commissioner  to  Georgia 35 

His  Report. 

Elected  Deputy  to  Southern  Congress 161 

SlIOBTBIDGE,  Hon.  Geo.  D.  : 

Speech  on  Motion  on  Council  of  Stale 55 

'•      on  Commissioners  to  Washington ;-;7 

"      on  Confiscation 175 

"       on  Citizenship 224-223 

Steele,  Hon.  John  A. ; 

Speech  on  Secession 103 

Stone,  Hon.  Lewis  M. : 

Speech  on  Resolution  Against  Coercion 58 

'•      Against  Excluding  Members  of  the  Convention  from 

Election  to  Southern  Congress 131 

"      on  African  Slave  Trade 234 

'•      on  Ratification  of  the  Constitution 332 

Ti.meerlake,  Hon.  John  P.  : 

Amendment  to  Ordinance  of  Secession DO 

Speech  on  same 90 

Wins,  R.  H. : 

Elected  Door-Keeper 23 


Watts,  lion.  T.  11.: 

Speech  on  Sending  Troops  to  Florida 52 

"        on  Resolution  Against  Coercion »>8 

Reads  Dispatches 121 

Speech  on  Commissioners  to  Washington IG0-168 

Ordinance  to  Confiscate  Property 175 

Speech  on  Withdrawing  Florida  Troops 213-320 

"         on  Citizenship 880 

"       on  Aftfean  Slave-Trade 35S  264 

li        on  Power  of  Taxation _' '  ;- ;oo 

"ii  Public  Lands    324 

Watkins,  lion.  R.  S.  : 

Speech  on  Secession 101 

WlBB,  Hon.  .lames  J>. 

Speech  on  Commissioners  to  Washington 108 


INDEX.  XI 

Webb,   Hon.  .lames  D. : 

Resolution  to  Review  Cailets l«3 

Report  on  same "»' 

Speech  on  Citizenship -1'-7 

Walkeb.  Hon.  R.  W. : 

Elected  Deputy  to  Congre*s 161 

Whitley,  Hon.  <G.  C. : 

Resolution  of  Resistance 24 

Speeches  on  same "2-1,30 

"             on  Timbe Hake's  Ameiulment 91 

'•           on  Permanent  Government 131 

un  Commissioners  to  Washington 109 

"            on  Citizenship 886 

"           on  Powers  of  Taxation 309 

a            on  Public  Lands His 

WiNSTOx,  lion.  Wm.  0.  : 

Speech  on  Secession lOfl 

Wixsr<>5.  Hon.  Jno.  A. : 

Commissioner  to  Louisiana 35 

His  Report 11  i 

Williamson,  lion.  James: 

Speech  on  Resistance  Resolution ■_>'.) 

"         on  Applause  in  the  Galleries II 

"        on  Permanent  Government i:t7 

00  Council  of  State \,v\ 

"        on  Withdrawing  Troops  from  Florida 215 

Yancey,  lion.  Wm.  L.: 

Resolution  Providing  for  Opening  the  Convention  by  Prayer,  20 

Speech  on  K< — tance  Resolution 37 

Resolution  Sending  [Troops  to  Florida jjq 

Speech  on  Resolution  Against  Coercion ,-,s 

Report  of  Ordinance  of  Secession -7,; 

Speech  on  Timberlake's  Amendment \i\ 

•'         on   v                     in] 

Deputed  by  the  Ladiea  to  Present  a  Flag  to  the  Convention.  130 

Report  (br  Provisional  and  Permanent  <  Government ].'!u 

Speech  on  the  same  subject \-;> 

"       Againal  Excluding  Members  ol  the  Convention  from 
ei  tion  as  Deputies  to  Congress 


XII  INDXX. 

Yam  ey.    Hon.    Win.  L.  : 

Speech  on  Commissioners  to  Washington 17i, 

(in  Navigation  of  the  Mississippi  River lSI-lss 

on  African  Slave-Trade 

Yeas  ajtd  Xav>  : 

<»n   Resolution   to    submit  Ordinance    of    Secession    to    the 

People 55 

On  Clemens'  Minority  Report so  ^, 

On  Timherlake's  Amendment 92 

On  the  Ordinance  of  Secession 1 1  s 

On  Bulger's  Motion  to  Submit  to  the  People  the  Election  of 

Representatives  to  Congress 1  19 

On  Jemison's  Amendment  to  Submit  the  Constitution  to  a 

New    Convention 303 

On  the  Ratification  of  the  Constitution 3(j  I 

YklvertoKj  Hon.  G.  T. : 

Speech  on  Resolution  Against  Coercion Go 

Resolution  to  Remove  Secrecy  from  the  Vote  and  Proceed- 
ings on  Ordinance  of  Secession 1 1'.« 

Speech  Against  Excluding  Members  of  the  Convention  from 

Congress L5S 

Speech  on  African  Slave  Trade 228 

"         on  the  Legitimate  Powers  of  the  Convention 281 


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